Form 5-23

Requests for production and inspection to parties are the subject of Tex. R. Civ. P. 196.

For a notice that documents will be used at trial pursuant to Tex. R. Civ. P. 193.7, see form 5-36.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

[Petitioner/Respondent]’s Request for Production and Inspection

[to Party]

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

[Name], [Petitioner/Respondent], requests that [Respondent/Petitioner], [name], pro­duce for inspection and copying the items described below, at the time and place set out below.

Definitions

“[Respondent/Petitioner],” “you,” and “your” refer to and are intended to include [name], your employees, and your agents, either individually or as a representative of any cor­poration, association, or partnership, as the case may be, as well as any testifying expert wit­nesses retained by you or retained on your behalf relating to this litigation and any consulting experts whose work product has been reviewed by, relates to, or forms the basis, either in whole or in part, of the mental impressions and opinions of any testifying experts.

“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— 

a.corporation;

b.company;

c.limited liability company;

d.firm;

e.association;

f.trust;

g.business trust;

h.partnership;

i.limited partnership;

j.family limited partnership;

k.limited liability partnership;

l.joint venture;

m.proprietorship; or

n.other form of business entity.

“Relates to” means in whole or in part constitutes, contains, concerns, embodies, relates, analyzes, identifies, states, refers to, deals with, or in any way pertains to.

“Item” or “document” includes each tangible thing, recording, or reproduction of any visual or auditory information, however made, whether handwritten, typewritten, printed, or digital, even if kept in only an electronic format, including papers; books; accounts; diaries; notes; memoranda; journals; calendars; letters and correspondence; emails; text messages; blogs; instant messages; postings, personal messages, tweets, and comments from any social media platform; logs; drawings; graphs; charts; photographs; electronic or videotape record­ings; data; data compilations; and any drafts of the foregoing.

“Parties” means Petitioner or Respondent or both Petitioner and Respondent.

Instructions

All information responsive to this request that is not privileged and that is in your pos­session, custody, or control is to be produced.

“Possession, custody, or control” of an item means that the person either has physical possession of the item or has a right to possession of the item that is equal or superior to that of the person who has physical possession of the item.

If any of this information is available in electronic form, you must produce this infor­mation by providing [Petitioner/Respondent] with this information on either CD-ROM com­puter disks or USB flash drive (also variously known as a USB drive, USB stick, thumb drive, pen drive, jump drive, flash-disk, “memory stick,” or USB memory) in an accessible format. In the alternative, you may produce these electronic documents by email or a file-hosting ser­vice (for example, Dropbox).

Time Period

The discovery requested is for documents prepared, received, or generated since [date] unless otherwise provided in this request. All requested documents, whenever actually pre­pared or generated, that relate to this period are to be produced.

Documents to Be Produced

All items set forth in Exhibit A are to be produced electronically or made available for inspection, examination, and copying within [thirty/fifty] days following service of this request at [state reasonable time and place for production]. You must either produce docu­ments and tangible things as they are kept in the ordinary course of business or organize and label them to correspond with the categories in this request. If you have produced any of the items set forth in Exhibit A in response to another request for production and inspection or as a required disclosure pursuant to rule 194, please refer by Bates number to each document that would be responsive to each such request in Exhibit A.

Amendment or Supplementation of Response

If you learn that your response to this request was incomplete or incorrect when made or that, although it was complete and correct when made, it is no longer complete and correct, you must amend or supplement the response—

1.to the extent that the request seeks the identification of persons with knowledge of relevant facts, trial witnesses, or expert witnesses and

2.to the extent that the request seeks other information, unless the additional or cor­rective information has been made known to the other parties in writing, on the record at a deposition, or through other discovery responses.

You must make amended or supplemental responses reasonably promptly after you dis­cover the necessity for such a response. Any amended or supplemental response should be provided in the same format as previously produced.

Content of Response

With respect to each item or category of items, you must state objections and assert privileges as required by the Texas Rules of Civil Procedure and state, as appropriate, that—

1.production, inspection, or other requested action will be permitted as requested;

2.the requested items are being served on [Petitioner/Respondent] with the response;

3.production, inspection, or other requested action will take place at a specified time and place, if you are objecting to the time and place of production; or

4.no items have been identified—after a diligent search—that are responsive to the request.

HIPAA Release for Personal Health Information

HIPAA releases are provided for your signature for any requests that include personal health information. Please sign a release authorizing disclosure to [attorney or firm], [client name], and the [designation] Court of [county] County, Texas.

   
[Name]
Attorney for [Petitioner/Respondent]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Exhibit A

General Documents

1.All documents, including invoices and billing statements, evidencing the contrac­tual relationships with attorneys not designated as experts, consulting experts on whom testi­fying experts rely, or investigators in connection with this case.

2.All documents that relate to—

a.conservatorship;

b.possession and access;

c.child support and medical and dental support for the child[ren];

d.family violence;

e.attorney’s fees; or

f. requests for permanent injunctions.

3.All documents that relate to— 

a.division of property and liabilities, including claims for a disproportionate division of the community estate;

b.value of each asset;

c.amount of each liability;

d.characterization of any property that you are claiming as your separate prop­erty and any liability that you are claiming is separate;

e.attorney’s fees;

f.fault in the breakup of the marriage;

g.family violence;

h.tort claims; or

i.requests for permanent injunctions.

Income and Cash Flow

4.All documents that relate to federal or state income reporting or gift tax reporting since [date], including the following:

a.tax returns with all schedules and amendments, including all schedules and amendments and accountant work papers that are not required to be attached to the applicable tax return but were used in its preparation, whether personal or for any entity in which either party owns or claims, or has owned or claimed, any interest;

b.W-2 forms;

c.1099 forms; and

d.K-1 forms.

5.All Social Security Earnings Record forms (Form SSA-7005), Personal Earnings Benefit Estimate Statement forms (PEBES), payroll statements and pay stubs, and other income- and revenue-reporting forms that evidence the parties’ income since [date].

6.All documents that relate to benefits from an employer apart from salary that you have received or have been eligible to receive since [date], including the following:

a.payment of personal expenses;

b.payment of housing expenses;

c.vacation pay;

d.payment of medical, hospitalization, or dental insurance, life insurance, annu­ities, and disability insurance policies;

e.payment of automobile expenses (including note payment, gasoline, repairs, maintenance, insurance, and mileage compensation);

f.payment of travel allowances;

g.country club or other memberships;

h.use of company airplanes, homes, boats, or cars;

i.interest-free or low-interest loans;

j.payment of legal fees;

k.accounting or bookkeeping services; and

l.payment for items used by you personally.

7.All documents that relate to your employment compensation, including contracts, overtime compensation, bonuses, deferred compensation, and severance pay that you have received or have been eligible to receive since [date].

8.All periodic statements that relate to financial accounts on deposit with banks, bro­kerage firms, or other financial institutions.

This request applies to all accounts since [date] whether held in your name or your name jointly with any other person. This request also applies to any account from which you have the right to make withdrawals.

Assets and Liabilities

9.All documents that relate to the current value of the parties’ property described in your answers to interrogatories and in your inventory and appraisement in this suit, whether the property is in your possession, your spouse’s possession, or the possession of another per­son or entity.

10.All documents that relate to the parties’ debts since [date], including the follow­ing:

a.credit card statements;

b.loan applications;

c.credit applications;

d.lease applications;

e.promissory notes;

f.guaranty agreements;

g.lease agreements;

h.lines of credit;

i.security agreements;

j.credit reports; and

k.other obligations and contractual agreements in the name of the parties or to which the parties are signatories.

11.All documents that relate to certificates of deposit or government bonds, or certifi­cates of safekeeping representing the certificates of deposit or government bonds, in which the parties now claim or have claimed an interest since [date].

12.All documents that relate to non–employer-provided individual retirement accounts, stocks (restricted and unrestricted), bonds, options, warrants, mutual funds, com­modities, or other securities in which the parties now claim or have claimed an interest since [date].

13.All documents that relate to your present or former employer-provided stock options, phantom stock, or retirement, pension, profit-sharing, employee stock ownership,  restricted stock, savings, stock appreciation, deferred compensation, or Keogh plans in which the parties claim an interest [include if applicable: , including all documents available from the plan administrators of the plans in your name relating to the preparation and submission of a qualified or nonqualified domestic relations order to each plan administrator and, if a domes­tic relations order is not necessary, all documents necessary to transfer ownership of an inter­est in the stock options or plans to your spouse].

14.All statements that relate to health savings accounts, medical savings accounts, flexible benefit accounts, or flexible spending accounts in the name of a party.

15.All notes receivable, accounts receivable, mortgages, and other evidence or infor­mation that relate to debts due, lawsuits, claims of any kind (for example, property damage, personal injury, economic claims), or other contingent assets in which you own or claim, or have owned or claimed, any interest, whether payable to you, your spouse, or your child[ren] individually or otherwise since [date].

16.All documents that relate to safe-deposit boxes maintained by the parties or on their behalf, including records of entry since [date].

17.All deeds, deeds of trust, notes, and closing statements that relate to real property, including oil, gas, or other mineral interests, in which the parties now claim or have claimed an interest since [date].

18.All certificates of title for motor vehicles, boats, recreational vehicles, aircraft, or watercraft in which the parties claim an interest.

19.All policies of insurance, whether life, health, automobile, disability, casualty, homeowners, personal articles, or otherwise, in which the parties claim insurance protection.

20.All articles of incorporation or organization, partnership agreements, and joint venture agreements of entities in which the parties now claim or have claimed any legal or equitable interest since [date].

21.For each entity owned or claimed by either party, all documents since [date] related to the following:

a.credit card statements;

b.loan applications;

c.credit applications;

d.lease applications;

e.promissory notes;

f.guaranty agreements;

g.lease agreements;

h.lines of credit;

i.security agreements;

j.credit reports; and

k.other obligations and contractual agreements in the name of the entity or to which the entity is a signatory.

22.All financial statements regarding the parties and prepared by or on behalf of the parties since [date].

23.All financial statements, profit and loss statements, balance sheets, income and expense statements, operating statements, and general ledgers prepared by or on behalf of the following entities and regarding those entities since [date]: [list entities].

The information in this request should be produced in its native digital or electronic format (for example, Quickbooks) if available.

24.All documents that relate to funds, property, or accounts held by you for the bene­fit of another, including 529 plans and custodial accounts held for the benefit of a minor under the Texas Uniform Transfers to Minors Act since [date].

25.All documents that relate to funds, property, or accounts held by another for your benefit since [date].

26.All documents that relate to ownership or membership by a party in clubs, associ­ations, frequent flyer or other mileage programs, hotel clubs, rewards programs (for example, grocery, drug store, retail, restaurant, gambling, and credit card), or other organizations, including documents reflecting the value of those interests.

27.All documents that relate to intellectual property or other intangible property, including patents, trademarks, copyrights, artistic works in progress, domain names, licensing agreements, trade secrets, non–mineral interest royalties, and licensing fees, in which a party now owns or has owned an interest since [date].

28.All documents that relate to lottery tickets or other games of chance owned or pur­chased by you since [date].

29.All documents that relate to transactions regarding the purchase, mining, sale, or transfer of encrypted digital currency. 

Reimbursement and Reconstitution

30.All documents that relate to reimbursement due from a marital estate (that is, your separate estate, your spouse’s separate estate, or the community estate) to another marital estate [include if applicable: , including offsetting benefits].

31.All documents that support claims by you for reconstitution of the community estate.

Parent-Child/Marital Relationship

32.All correspondence and other documents, including enrollment, attendance, and grade records, as well as progress reports, evaluations, and standardized test scores, that relate to the child[ren] the subject of this suit from camps, schools, or day-care facilities in which the child[ren] [has/have] been enrolled since [date].

33.All documents evidencing gifts or things of value in excess of $[amount] [include if applicable: in the aggregate] you gave or provided since [date] to any entity or person [include if applicable: to whom you are not related by blood or marriage].

34.All residence [include if applicable: , business,] and wireless telephone records of the parties since [date].

35.All records [include if applicable: , including invoices,] that relate to medical, psy­chological, or psychiatric treatments, consultations, or diagnoses of the [parties/child[ren]/parties and child[ren]], including prescriptions, since [date].

36.All court orders requiring you to pay or entitling you to receive spousal mainte­nance, alimony, or child support.

37.All documents that relate to the parties’ involvement with assisted reproduction, including contracts between the parties and assisted reproduction clinics, fertility specialists, or cryopreservation banks.

38.All documents that relate to benefits the child[ren] [is/are] entitled to receive or [has/have] received as a result of disability claims you have filed with the Social Security Administration or any other entity.

39.All documents that relate to Social Security benefits the child[ren] [is/are] entitled to receive or [has/have] received as a result of a claim you have filed with the Social Security Administration for Social Security old age benefits.

40.All passports that have been issued and passport applications that have been sub­mitted on behalf of the child[ren] since [date].

Spousal Maintenance

41.All documents that relate to a claim for spousal maintenance.