In a recent Texas divorce case, the lower court imposed so-called “death penalty sanctions” against the wife for litigation misconduct. The wife sued for divorce in 2016, and the husband counter-petitioned in the following month. In the counter-petition, the husband pled claims of misapplication of community property, fraud, breach of fiduciary duty, and forgery.
The wife didn’t cooperate with written or oral discovery, causing the husband to ask for sanctions. He also filed a motion to compel discovery, claiming she hadn’t responded to multiple requests for written discovery and had refused to answer questions at her deposition. The lower court set a hearing but, without holding the hearing, said it would consider the motion for sanctions. It ordered the wife to respond to the husband’s discovery requests. The husband and wife agreed to an order that addressed the motions for sanctions. It found the wife had again failed to answer the written discovery and ordered her to answer. She and her husband signed the agreed order.
Nonetheless, the wife didn’t answer the discovery requests, and he again moved for sanctions. He said she hadn’t provided answers to interrogatories. He claimed that she’d produced some documents, but they weren’t identified or categorized as responses to particular requests. He also claimed she hadn’t given an accounting she’d been ordered to give and hadn’t answered the deposition questions she’d previously refused to answer. He asked for severe sanctions, including a default judgment against her.