Form 26-2

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 26-1 for a short-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]

[Long 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 income tax and any other tax returns filed by [name of judgment debtor] for the last five years.

2.All documents referred to in any way, directly or indirectly, in any and all income tax returns filed by [name of judgment debtor] for the last five years.

3.All documents that constitute or refer in any way, directly or indirectly, to any and all books, records, or other memoranda of business or financial conduct, activities, status, or income of [name of judgment debtor] for the last five years.

4.All documents that constitute or refer in any way, directly or indirectly, to any and all deeds, records, or other documents that relate to assets in the name of [name of judgment debtor].

5.All documents that refer in any way, directly or indirectly, to any items of personal property in which [name of judgment debtor] owns or claims an interest.

6.All documents, items, and things that refer in any way, directly or indirectly, to any and all accounts (business or personal bank, checking, savings, credit union, or retire­ment) in which [name of judgment debtor] has an interest.

7.All documents that refer in any way, directly or indirectly, to the names and addresses of persons or entities to whom [name of judgment debtor] has given a financial statement in the last five years.

8.All documents that constitute or refer in any way, directly or indirectly, to finan­cial statements prepared by [name of judgment debtor] in the last five years.

9.All documents that contain or refer in any way, directly or indirectly, to the names and addresses of persons who have served as bookkeepers or financial advisers for [name of judgment debtor] in the last five years.

10.All documents that refer in any way, directly or indirectly, to each person or entity to whom [name of judgment debtor] has paid, given, or conveyed any real or personal prop­erty of a value more than $200 in the last five years, not in the regular course of business.

11.All documents that refer in any way, directly or indirectly, to any personal or real property that [name of judgment debtor] has sold, given, paid, or otherwise conveyed in the last five years.

12.All documents that refer in any way, directly or indirectly, to any and all motor­ized vehicles (including automobiles, trucks, watercraft, aircraft, recreational vehicles, and motorcycles) in which [name of judgment debtor] claims an interest.

13.All documents that refer in any way, directly or indirectly, to any and all persons or entities who have appraised any real or personal property for [name of judgment debtor] in the last two years.

14.All documents that constitute or refer in any way, directly or indirectly, to any appraisal of any real or personal property prepared for [name of judgment debtor] in the last two years or that otherwise reflect the value of any real or personal property in which [name of judgment debtor] has an interest.

15.All documents that evidence or refer in any way, directly or indirectly, to the amount of money owed to [name of judgment debtor] by any person or entity.

16.All documents that refer in any way, directly or indirectly, to any legal cause of action, either real or anticipated, by or against [name of judgment debtor].

17.All documents that refer in any way, directly or indirectly, to the anticipated amount of recovery in any legal cause of action, either real or anticipated, by [name of judg­ment debtor].

18.All documents that refer in any way, directly or indirectly, to each person who has served as the banker or entity that has served as the bank for [name of judgment debtor] in the last two years.

19.All documents that refer in any way, directly or indirectly, to any cash on hand for [name of judgment debtor] as of the date of the deposition.

20.All documents that refer in any way, directly or indirectly, to any and all cash in any account owned or claimed by [name of judgment debtor] held or deposited with any bank or other financial institution.

21.All documents that refer in any way, directly or indirectly, to any accounts payable owed by [name of judgment debtor].

22.All documents that constitute or refer in any way, directly or indirectly, to any accounts receivable owed to [name of judgment debtor].

23.All documents that constitute or refer in any way, directly or indirectly, to any notes receivable held by [name of judgment debtor] or in which [name of judgment debtor] claims an interest.

24.All documents that refer in any way, directly or indirectly, to any shares of stock owned by [name of judgment debtor] or in which [name of judgment debtor] claims an inter­est.

25.All documents that refer in any way, directly or indirectly, to any bonds owned by [name of judgment debtor] or in which [name of judgment debtor] claims an interest.

26.All documents that refer in any way, directly or indirectly, to any real estate that [name of judgment debtor] owns or in which [name of judgment debtor] claims an interest.

27.All documents that refer in any way, directly or indirectly, to any interest [name of judgment debtor] may have in any businesses, partnerships, corporations, or joint ventures.

28.All documents that refer in any way, directly or indirectly, to any equipment that [name of judgment debtor] owns or in which [name of judgment debtor] claims an interest.

29.All documents that refer in any way, directly or indirectly, to any mortgage on which [name of judgment debtor] is liable.

30.All documents that refer in any way, directly or indirectly, to any other unpaid taxes for which [name of judgment debtor] is liable except for those already listed with regard to real estate.

31.All documents that refer in any way, directly or indirectly, to any assets held in trust, in an estate, or in any other name or capacity in which [name of judgment debtor] claims or has an interest.

32.All documents that refer in any way, directly or indirectly, to assets, except real estate, that secure any debt for which [name of judgment debtor] is liable.

33.All documents that refer in any way, directly or indirectly, to [name of judgment debtor]’s obligations to pay the leases, notes, or other debts of any other person or entity.

34.All documents that refer in any way, directly or indirectly, to any unsatisfied judg­ment against [name of judgment debtor] or for which [name of judgment debtor] is liable.

35.All documents that refer in any way, directly or indirectly, to any filing in bank­ruptcy by [name of judgment debtor] or any assignment by [name of judgment debtor] for the benefit of creditors.

36.All documents that refer in any way, directly or indirectly, to any dividends pay­able to [name of judgment debtor] or in which [name of judgment debtor] claims an interest.

37.All documents that refer in any way, directly or indirectly, to any interest payable to [name of judgment debtor] or in which [name of judgment debtor] claims an interest.

38.All documents that refer in any way, directly or indirectly, to any royalties payable to [name of judgment debtor] or in which [name of judgment debtor] claims an interest.

39.All documents that refer in any way, directly or indirectly, to any personal or busi­ness expense (management, rent, household, etc.) of [name of judgment debtor].

40.All documents that refer in any way, directly or indirectly, to any insurance poli­cies and/or annuity contracts in which [name of judgment debtor] has an interest or that insure property in which [name of judgment debtor] has an interest or any insurance payments made by [name of judgment debtor] in the last four years and any insurance payments due or to become due to [name of judgment debtor].

41.All documents that refer in any way, directly or indirectly, to any other assets not already divulged by [name of judgment debtor] under this document request.

42.All documents that refer in any way, directly or indirectly, to any other liabilities not already divulged under this document request.

43.All documents that refer in any way, directly or indirectly, to any outstanding con­tracts for which [name of judgment debtor] is entitled to receive a commission and/or on which [name of judgment debtor] claims a right to receive a commission, whether a partial commission or complete commission.

44.All documents that evidence safe-deposit boxes, lock boxes, and storage facilities of any kind to which [name of judgment debtor] has access.

45.All check stubs, canceled checks, and account statements for the last two years for accounts in which [name of judgment debtor] claims an interest.

46.All documents that evidence any trusts and the assets contained therein for trusts of which [name of judgment debtor] is a grantor, beneficiary, or trustee.

47.All documents that constitute or refer in any way, directly or indirectly, to any records of salaries, commissions, bonuses, income from employment, allowances, expenses, or any other amounts of money paid to or by [name of judgment debtor] within the last five years.

48.All documents that contain or refer in any way, directly or indirectly, to the name and address of any person who has custody of records of salaries, commissions, bonuses, allowances, expenses, or any other amounts of money paid to or by [name of judgment debtor] within the last five years.

49.All documents that refer in any way, directly or indirectly, to any property that [name of judgment debtor] claims as homestead property.

50.All documents that refer in any way, directly or indirectly, to any and all busi­nesses in which [name of judgment debtor] is a partner, officer, or principal owner.

51.All documents that refer in any way, directly or indirectly, to any assets that were owned or claimed by [name of judgment debtor]’s spouse before marriage, acquired by [name of judgment debtor]’s spouse during marriage by gift or inheritance, or recovered for personal injuries sustained by [name of judgment debtor]’s spouse during marriage or received in any settlement or judgment pertaining to divorce.

52.Any will executed but not revoked in writing by [name of judgment debtor].

53.All documents that refer to any divorce of [name of judgment debtor] within the last five years.

54.[Name of judgment debtor]’s stock certificates that evidence his ownership in [name of corporation] and all corporate records of that corporation.

55.All documents that evidence [name of judgment debtor]’s ownership interest in the limited partnership known as [name of limited partnership].

47.      [Name of judgment debtor]’s original bylaws and articles of incorporation as well as any amended versions that have been filed.

48.      All minutes of the board of directors meetings of [name of judgment debtor] from the date of incorporation to the present.

49.      All minutes of shareholders meetings of [name of judgment debtor] from the date of incorporation to the present.

50.      All documents reflecting the number of outstanding and treasury shares of stock in [name of judgment debtor].

51.      All documents reflecting the ownership of outstanding shares of stock in [name of judgment debtor].

52.      All documents reflecting the purchase by all shareholders of their shares of stock in [name of judgment debtor] since the date of incorporation to the present.

53.      All documents filed with the Internal Revenue Service including but not limited to IRS Form 941, pertaining to quarterly earnings, tax withholdings, FICA withheld, and [name of judgment debtor]’s portion of FICA withheld.

54.      All documents filed with the Texas Workforce Commission for unemployment tax paid to the state of Texas.

55.      All W-2s and W-3s filed with the Social Security Administration.

56.All documents filed with the state of Texas pertaining to sales tax collected.

57.All documents that relate to, concern, or discuss the formation of [name of judg­ment debtor] and the function, purpose, or reason for incorporation of [name of judgment debtor].

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