Form 18-14

Attach a copy of the interrogatories to this form. Pattern interrogatories are at forms 18-15 through
18-20 in this chapter.

If the defendant is a corporation or other entity, two sets of interrogatories should be prepared. One set should be addressed to the corporation and the other set to a named individual, so that if the defendant fails to answer the interrogatories and the remedy of contempt rather than some other sanction is desired, the court will be able to order the incarceration of the noncomplying individual. See section 26.4:3. The interrogatories should be addressed to the defendant through his attorney if he is repre­sented by one. If the defendant is not represented, the interrogatories should be sent directly to him, addressed “To: [name of defendant], Defendant.”

The pattern interrogatories listed in forms 18-15 through 18-20 are to be used only as a guide and can­not be considered appropriate for all litigation. These sample sets include elements of commonly encountered situations. Interrogatories based on written documents should be drafted to conform to the specific terms and conditions of the documents giving rise to the creditor’s claim. Information devel­oped by the use of these questions may suggest further questions to be propounded in subsequent inter­rogatories or by other kinds of pretrial discovery.

For cases controlled by a level 1 discovery control plan, no more than fifteen written interrogatories can be served on any party. Unless the court has authorized additional interrogatories, no more than twenty-five written interrogatories can be served on a party in a level 2 case. See section 18.53:3. Therefore, the attorney should plan and draft interrogatories with caution and use the requests for dis­closure allowed by Tex. R. Civ. P. 190.2(b)(6) and 194 to elicit basic information. This form assumes that requests for disclosure have already been served on the defendant or are being served contempora­neously with these interrogatories.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Plaintiff’s Written Interrogatories

To: [name of defendant], Defendant, by and through [his/her] attorney of record, [name and address of attorney].

Pursuant to rule 197 of the Texas Rules of Civil Procedure, you are to answer the attached interrogatories separately, fully, in writing, and under oath. You should deliver a true copy of your answers to me within thirty days after the date of service of these interrogatories.

Please note that if, after you submit your responses to these interrogatories, you learn that any such response was either incomplete when made, or, although complete and correct when made, it is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such a response. Any amended or supplemental response made less than thirty days before trial will be presumed not to have been made reasonably promptly. A failure to make, amend, or supplement a response in a timely manner may result in your not being able to introduce into evidence the material or information not timely disclosed.

Definitions

As used in these interrogatories, the following definitions apply:

“You” or “your” refers to the person answering these interrogatories.

“Defendant” refers to the named Defendant, its officers, agents, representatives, and employees.

“Identify,” with regard to a person, means to provide the following: (1) the person’s full name; (2) any other names the person uses or has used in the past; (3) the person’s residential address and telephone number; (4) the person’s business address(es) and telephone num­ber(s); (5) the person’s employer and job title; (6) if the person is a former employee of Defendant, the person’s last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person’s con­nection with Defendant.

“Identify,” with regard to a document, means to describe it with sufficient particularity so that a person never having seen it could comply with the requirements of rule 196 of the Texas Rules of Civil Procedure when designating the document in a request for production.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]