This notice should be addressed to the defendant through his attorney if he is represented by one. Otherwise, the notice should be sent directly to the defendant, addressed “To: [name of defendant], Defendant.” See Tex. R. Civ. P. 21 and 21a for service requirements in specified situations.
See section 18.29:6 in this chapter regarding the procedure for taking a deposition on written questions, and section 18.29:7 for the uses of such depositions. Form 18-6 contains pattern deposition questions for a custodian of the creditor’s business records in a sworn account case.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Notice of Intention to Take Deposition on Written Questions
[with Subpoena Duces Tecum]
To: [name of defendant], Defendant, by and through [his/her] attorney of record, [name and address of attorney].
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Select one of the following. Select the first paragraph if the witness is an individual. Select the second paragraph if the witness is a corporation, governmental agency, partnership, association, or other organization. |
Please take notice that [name of plaintiff], Plaintiff, intends to take the deposition by written questions of [name of witness] at [address, city, state], before [name of court reporter or notary public], commencing on [date and time], to be used in the above-entitled and -numbered cause.
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Or |
Please take notice that [name of plaintiff], Plaintiff, intends to take the deposition by written questions of [name of witness] at [address, city, state], before [name of court reporter or notary public], commencing on [date and time], to be used in the above-entitled and -numbered cause. [Name of witness] is instructed to designate the person or persons to testify on its behalf with regard to matters pertaining to [describe matters with reasonable particularity]. The person(s) designated by the witness must appear and testify before the officer taking this deposition at the time and place stated in this notice.
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Include the following if a subpoena duces tecum is desired. |
[Name of witness] is instructed to produce at the time and place of the taking of this deposition, for use in conjunction with the taking of the deposition, all documents identified in the attached Exhibit [exhibit number/letter].
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Continue with the following. |
A copy of the written questions to be asked is attached as Exhibit [exhibit number/letter].
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibit(s) if applicable. Include a certificate of service (form 19-1). |