Form 26-1

This form is suitable for giving the judgment debtor notice for an oral deposition in aid of judgment. The notice should be addressed to the defendant through his attorney if he is represented by one. If the defendant is not represented and contempt is anticipated, the defendant should instead be served with a subpoena. See form 26-3. If it is unclear whether the judgment debtor is still represented, the attorney should be contacted to verify representation.

This form assumes that the deposition will be recorded by audiotape, that a court reporter will not par­ticipate, and that there will be no attendees other than those named in Tex. R. Civ. P. 199.5(a)(3). See section 26.2:2 in this chapter regarding nonstenographic depositions. If a court reporter is used, he will have to be notified of the deposition. This form includes a duces tecum request to produce documents and other tangible items. The list of items requested is intended only as a guide. The practitioner should select those that are appropriate to the particular case as well as any requests not included here that may be appropriate.

See form 26-2 for a long-form version of this notice.

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

Notice of Intention to Take Oral Deposition in Aid of Judgment
[with Duces Tecum]

[Short Form]

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

Please take notice that [name of plaintiff], Plaintiff, intends to take the oral deposition of [name of judgment debtor] [include if judgment debtor is not an individual: by deposing its agent or employee, [name of agent or employee],] at [address, city, state], commencing on [date and time]. The deposition will be tape-recorded. The deposition will not also be recorded stenographically.

[Name of judgment debtor] 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, the following:

1.All canceled checks, bank statements, check-stub records, and other banking records pertaining to your financial affairs and those of your spouse or for any account on which you have had signatory authority within the last two years.

2.Copies of all books, records, and financial statements kept or issued by you for the last two years.

3.Copies of your income tax returns, with all attachments, and those of your spouse for the last two years.

4.All papers and records pertaining to debts owed to you by others and any other papers of any sort pertaining to your business or financial affairs for the period of two years immediately preceding the date of this deposition, including but not limited to any and all cer­tificates of title to vehicles, share certificates, deeds or contracts concerning real estate, or other indications of ownership of real or personal property.

1.All canceled checks, bank statements, check-stub records, and other banking records pertaining to the financial affairs of [name of judgment debtor] or for any account per­taining to [name of judgment debtor] within the last two years.

2.Copies of all books, records, and financial statements kept or issued by [name of judgment debtor] for the last two years.

3.Copies of the income tax returns of [name of judgment debtor], with all attach­ments, for the last two years.

4.All papers and records pertaining to debts owed to [name of judgment debtor] by others and any other papers of any sort pertaining to the business or financial affairs of [name of judgment debtor] for the period of two years immediately preceding the date of this deposi­tion, including but not limited to any and all certificates of title to vehicles, share certificates, deeds or contracts concerning real estate, or other indications of ownership of real or personal property.

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