Form 26-20

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

Order Compelling [name of respondent]
to Give Deposition in Aid of Judgment

On [date], a hearing was held on the motion of [name of movant], Movant, to compel [name of respondent], Respondent, to give [his/her] deposition in aid of judgment.

Movant having appeared by and through [its/his/her] attorney of record, and the Respondent having had notice of such hearing but having failed to appear, and the Court hav­ing considered such Motion and the evidence, and being of the opinion that same should be granted:

It is therefore, ORDERED that Respondent, [name of respondent], appear at the offices of [name of attorney] [address, city, county] County, Texas, on [date], at 9:00 a.m., and at such time, Respondent is ordered to:

(a)Produce the following documents: [list documents in original notice or subpoena, for example]:

1.All canceled checks, bank statements, check stub records, and other banking records pertaining to Defendant’s, [name of defendant], financial affairs and those of his spouse, or for any account upon which Defendant has had signa­tory authority within the last two years.

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

3.Copies of Defendant’s income tax returns and those of his spouse, for the last two years.

4.All papers and records pertaining to debts owed Defendant by others, and ANY OTHER PAPERS OF ANY SORT PERTAINING TO DEFEN­DANT’S BUSINESS OR FINANCIAL AFFAIRS FOR THE PERIOD OF TWO YEARS IMMEDIATELY PRECEDING DATE HEREOF, 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.

(b)Give deposition to Movant’s attorneys at that time.

It is further ORDERED that Movant recover reasonable attorney’s fees in the sum of $[amount] against Respondent and that such fees be taxed as costs of court.

SIGNED on ________________________________.

 

   
JUDGE PRESIDING

APPROVED AS TO FORM:

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

 

 

 

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