NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
[Ad Litem/Amicus Attorney]’s Written Interrogatories to [name]
To: [name], [Petitioner/Respondent], by and through [his/her] attorney of record, [name and address of attorney].
Under rules 190 and 197 of the Texas Rules of Civil Procedure, you are required to answer in complete detail and in writing each of the attached interrogatories; sign your answers to the interrogatories as required by rule 191.3 of the Texas Rules of Civil Procedure; swear to the truth of your answers before a notary public or other judicial officer as required by rule 197.2(d) of the Texas Rules of Civil Procedure or make an unsworn declaration as allowed by section 132.001 of the Texas Civil Practice and Remedies Code; and deliver a complete, signed copy of your answers, notarized if applicable, to the undersigned attorney within [thirty/fifty] days following service of this request. If you fail to comply with the requirements above, the Court may order sanctions against you in accordance with the Texas Rules of Civil Procedure.
Definitions
“Identity and location” means the person’s name and present or last known address and telephone number. If any of the above information is not available, state any other means of identifying the individual.
“Person” includes and is intended to mean any natural person or the representative of any entity or entities, as defined below.
“Entity” or “entities” includes and is intended to mean any nonpublicly traded corporation, company, limited liability company, firm, association, trust, business trust, partnership, limited partnership, family limited partnership, limited liability partnership, joint venture, proprietorship, or other form of business entity.
“You” refers to [Petitioner/Respondent] in this case.
“Parties” refers to Petitioner, Respondent, or both Petitioner and Respondent.
“Child” refers to all children before the Court in this case.
Instructions
All information that is not privileged that is in the possession of [Petitioner/Respondent], [his/her] attorney, investigators, agents, and consulting experts, as defined in the Texas Rules of Civil Procedure, employees, or other representatives of [Petitioner/Respondent] is to be divulged.
If an individual interrogatory calls for an answer that involves more than one part, each part of the answer must be clearly set out so that it is understandable. You must precede your answer to each separate interrogatory with the question constituting the separate interrogatory.
[Name]
[Attorney Ad Litem/Amicus Attorney]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
[Attorney Ad Litem/Amicus Attorney]
[Ad Litem/Amicus Attorney]’s First Set of Interrogatories
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Select interrogatories from the following, as relevant to the specific case and subject to the number of interrogatories allowed under the Texas Rules of Civil Procedure. |
1.As to the child [name], please provide the following:
a.The name and address of the school the child is attending.
b.The child’s current grade level and the name[s] of the child’s teacher[s].
c.The name[s] of any school counselor[s] that the child has seen in the last three years.
2.As to the child [name], please provide the following:
a.The identity, location, and telephone number of every physician the child has seen in the last three years and the reason for the child’s seeing each such physician.
b.The identity, location, and telephone number of every mental health professional the child has seen in the last three years and the reason for the child’s seeing each such mental health professional.
3.As to the child [name], please provide the identity, location, and telephone number of every person likely to have significant knowledge of the child’s history and condition.
4.Please state the names, addresses, and telephone numbers of all health care providers you have seen for examination, evaluation, diagnosis, or treatment of any physical or mental condition in the last three years and the reason for seeing them.
5.Please state the names, addresses, and telephone numbers of all persons who might have information material and relevant to the question of who should be named managing conservator of the child[ren] if they are different from the persons named in your answer to Interrogatory No. 3.
6.If you are employed, please state:
a.Name and address of employer.
b.Your occupation.
c.Rate of pay and average monthly earnings for the past twelve months.
7.Please detail any other sources of income other than Interrogatory No. 6 above that you have received within the last twelve months or will be receiving in the next twelve months, including but not limited to commissions, tips, bonuses, interest, dividends, royalty income, self-employment income, net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation), and all other income actually being received, including but not limited to severance pay, retirement benefits, pensions, trust income, annuities, capital gains, Social Security benefits other than supplemental security income, United States Department of Veterans Affairs disability benefits other than non–service-connected disability pension benefits, as defined by 38 U.S.C. § 101(17), unemployment benefits, disability and workers’ compensation benefits, interest income from notes, but not including return of principal or capital, and accounts receivable regardless of the source, gifts and prizes, spousal maintenance, and alimony.
8.Do you pay union dues? If so, what is your annual payment?
9.If you maintain the [child as a beneficiary/children as beneficiaries] in your health insurance, disclose the amount you pay on a monthly basis to provide health insurance coverage for the child[ren] and explain in detail the coverage afforded the child[ren] on your health insurance policy.
10.If any unrelated adult [males/females] have spent the night at your residence or at any other location when the child[ren] [was/were] with you or in residence since the date of separation, please state the name of each such person and the dates of the occurrences.
11.If you have ever refused or been denied visitation with the child[ren], state the dates of such refusal or denial, the circumstances of it, and any reasons or excuses given.
12.List all the reasons you believe your spouse should not be appointed primary or sole managing conservator of the child[ren].
13.List all the reasons you believe you should be appointed primary or sole managing conservator of the child[ren].
14.If you allege that your spouse has physically or psychologically abused the child[ren], please state the nature of the abuse, the dates when it occurred, and whether any treatment was sought.
15.If you see any differences or changes in the child[ren]’s demeanor or behavior immediately before or after visitation with your spouse, please describe those differences or changes.
16.If you attend religious services, please state which religious services you attend, the frequency of your attendance, and whether the [child accompanies/children accompany] you.
17.What hours do you work and on which days of the week?
18.Do you travel for your employment? If so, how frequently, and of what duration are your trips away from the city of your residence?
19.If you are appointed sole managing conservator or primary joint managing conservator of the child[ren], what possession of or access to the child[ren] would you be willing for your spouse to have and what amount of child support per child per month do you feel is reasonable?
20.If the child[ren] [has/have] made statements to you or any other person that reveal [his/her/their] feelings or attitudes toward your spouse, please give the contents of the statements, to whom they were made, the circumstances in which they were made, and the approximate dates on which they were made.
21.State each material change in circumstances that has occurred with regard to the child[ren], you, or your spouse since the entry of the last order of the court.
22.State each reason it would be a positive improvement for you to be appointed primary or sole managing conservator.
23.List all persons you intend to call as a witness at any hearing, including the final trial, in this case.