Form 5-21

The request for disclosure may identify the information or material requested merely by reference to rule 194.2 or the specific subdivision of rule 194.2 in which the item is described. Tex. R. Civ. P. 194.1. The following form incorporates the full description of the categories in the rule, however, so that neither party’s attorney need spend further time and expense explaining to the client what infor­mation or material is being requested, and so that a pro se receiving party can readily understand how to respond to the request. Pending changes to rule 194, as it pertains to family law cases, may enlarge the list of items that may be requested under the rule.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

[Petitioner/Respondent]’s Rule 194 Requests for Disclosure

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

Pursuant to rule 194 of the Texas Rules of Civil Procedure, you are requested to dis­close, within [thirty/fifty] days after service of this request, the information or material described in rule 194 as set forth in the attached request. The originals or copies of documents and other tangible items requested must be produced for inspection and copying at [address] within [thirty/fifty] days after service of this request, together with a written response. Each written response must be preceded by the request to which it applies. No objection or assertion of work product privilege is permitted to a request under this rule. If you fail to comply with this request, the court may order sanctions against you in accordance with the Texas Rules of Civil Procedure. Your response must be signed.

 

   
[Name]
Attorney for [Petitioner/Respondent]
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 for [Petitioner/Respondent]

Rule 194 Request

1.State the correct names of the parties to the lawsuit.

2.State the names, addresses, and telephone numbers of any potential parties.

3.State the legal theories and, in general, the factual bases of the claims or defenses of [name of responding party].

4.State the amount and any method of calculating economic damages.

5.State the names, addresses, and telephone numbers of persons having knowledge of relevant facts, and give a brief statement of each identified person’s connection with the case.

6.For any testifying expert—

a.state the expert’s name, address, and telephone number;

b.state the subject matter on which the expert will testify;

c.state the general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them or, if the expert is not retained by, employed by, or otherwise subject to the control of [name of responding party], documents reflecting such information;

d.if an expert is retained by, employed by, or otherwise subject to the control of [name of responding party], produce the originals or copies of the following:

i.all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; and

ii.the expert’s current resume and bibliography.

7.Produce the originals or copies of any indemnity and insuring agreements described in rule 192.3(f) of the Texas Rules of Civil Procedure. Rule 192.3(f) provides in part as follows:

Indemnity and Insuring Agreements.      Except as otherwise provided by law, a party may obtain discovery of the existence and contents of any indemnity or insurance agreement under which any person may be liable to satisfy part or all of a judgment rendered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

8.Produce the originals or copies of any settlement agreements described in rule 192.3(g) of the Texas Rules of Civil Procedure. Rule 192.3(g) provides in part as follows:

Settlement Agreements.      A party may obtain discovery of the existence and con­tents of any relevant portions of a settlement agreement.

9.Produce the originals or copies of any witness statements described in rule 192.3(h) of the Texas Rules of Civil Procedure. Rule 192.3(h) provides in part as follows:

Statements of Persons with Knowledge of Relevant Facts.      A party may obtain discovery of the statement of any person with knowledge of relevant facts—a “witness statement”—regardless of when the statement was made. A witness statement is (1) a written statement signed or otherwise adopted or approved in writing by the person making it, or (2) a stenographic, mechanical, electrical, or other type of recording of a witness’s oral statement, or any substantially verba­tim transcription of such a recording. Any person may obtain, upon written request, his or her own statement concerning the lawsuit, which is in the posses­sion, custody or control of any party.

10.Produce the originals or copies of all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills.

11.Produce the originals or copies of all medical records and bills obtained by [name of responding party] by virtue of an authorization furnished by [name of requesting party].

12.Produce all documents, electronic information, and tangible items that you have in your possession, custody, or control and may use to support any claim or defense.