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 to have a connection with, to refer to, or to concern.

“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 in an accessible format by providing [Petitioner/Respondent] with this information either on a 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), by email, or through a cloud based 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 previously produced any of the items set forth in Exhibit A, please refer by description or 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

Income and Cash Flow

1.All federal and state individual income tax returns filed for tax years [date] to present and the following:

a.all schedules and amendments;

b.W-2 forms;

c.1099 forms;

d.K-1 forms; and

e.all accountant work papers that are not required to be attached to the applica­ble tax return but were used in its preparation.

2.All federal and state income tax returns filed for tax years [date] to present for any business entity in which either party owns or claims an interest, or in which either party has owned or has claimed an interest, and the following:

a.all schedules and amendments;

b.1099 forms;

c.K-1 forms; and

d.all accountant work papers that are not required to be attached to the applica­ble tax return but were used in its preparation.

3.All gift tax returns for tax years [date] to present, filed by either party or filed by a nonparty (if such gift tax return is in your possession or subject to your control) as a result of a gift made by or to either party.

4.Your most recent annual “Your Social Security Statement” (Form SSA-7005). Your Social Security Statement is accessible and available to download by following the instructions at www.ssa.gov/myaccount/statement.html.

5.[Your/The parties’] payroll statements and pay stubs 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 but not limited to 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 (other than pay stubs and income-reporting documents), including but not limited to 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 for any financial accounts with banks, credit unions, 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. This request [does/does not] apply to retirement accounts held in your name or your name jointly with any other person.

Assets and Liabilities

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

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

a.loan applications;

b.credit applications;

c.lease applications;

d.promissory notes;

e.guaranty agreements;

f.lease agreements;

g.lines of credit;

h.security agreements; and

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

11.Complete monthly account statements and year-end summaries for any credit card standing in your name alone or jointly with others.

12.A copy of your current credit report from either Equifax, TransUnion, or Experian. You can obtain a free copy of your credit report from each of the three major credit bureaus (Equifax, Experian, and TransUnion) annually through www.annualcreditreport.com, or by calling 1-877-322-8228.

13.Applications, statements, contracts, agreements, signature cards, and other 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].

14.Applications, statements, contracts, agreements, signature cards, and other 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].

15.The following documents that relate to your present or former employer-provided retirement benefits (including but not limited to 401K plans, pension plans, Keogh plans, and savings plans) in which the parties claim an interest:

a.periodic statements;

b.plan agreements;

c.vesting schedules;

d.summary plan descriptions;

e.adoption agreements;

f.valuation reports;

g.model QDRO; and;

h.QDRO procedures.

[Include if applicable: This request applies to 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.]

16.The following documents that relate to your military retired pay or any other retirement benefits that you are or may be entitled to receive as a result of your service in any branch of the United States Armed Forces:

a.leave and earnings statements;

b.Thrift Savings Plan statements;

c.DD Form 214;

d.DD Form 256;

e.Retirement Points statement;

f.DA Form 55016;

g.NGB Form 23;

h.NGB Form 2222; and

i.a copy of your Common Access Card (CAC) or Uniformed Services Identifi­cation (USID) or other military identification card.

17.The following documents that relate to your present or former employer-provided deferred compensation benefits (including but not limited to stock options, phantom stock, profit-sharing, employee stock ownership, and restricted stock plans) in which the parties claim an interest:

a.periodic statements;

b.plan agreements;

c.vesting schedules;

d.summary plan descriptions;

e.adoption agreements;

f.valuation reports;

g.model QDRO; and

h.QDRO procedures.

[Include if applicable: This request applies to 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.]

18.All periodic statements for any health savings accounts, medical savings accounts, flexible benefit accounts, or flexible spending accounts in the name of a party.

19.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].

20.All lease agreements and records of entry for any safe-deposit boxes maintained by the parties, whether individually or jointly with each other or another person, or on their behalf since [date].

21.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].

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

23.All declarations pages, invoices for premiums, and cash surrender value state­ments in connection with any insurance policies [owned by the parties/in which you own or claim, or have owned or claimed, any protection since [date]]. This request includes but is not limited to health, automobile, disability, long-term care, casualty, homeowners, and personal articles insurance policies.

24.For each non-publicly traded entity owned or claimed by either party since [date], all articles of incorporation or organization, certificates of formation, partnership agreements, joint venture agreements, shareholders agreements, operating agreements, bylaws, and buy-sell agreements.

25.For each non-publicly traded 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.

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

27.All financial statements, profit and loss statements, balance sheets, income and expense statements, operating statements, and general ledgers since [date] that were prepared by or on behalf of any non-publicly traded entity owned or claimed by either party [including but not limited to the following entities: [list entities]].

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

28.All periodic statements for 529 plans and custodial accounts held for the benefit of a minor under the Texas Uniform Transfers to Minors Act since [date].

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

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

31.All statements and other documents that relate to membership of the parties in any frequent flyer or other mileage programs, hotel clubs, rewards programs (for example, gro­cery, drug store, retail, restaurant, gambling, and credit card), or other organizations since [date].

32.All membership agreements, dues statements, contracts, and other documents that relate to ownership or membership interest by a party in a club or association that has an initi­ation or buy-in fee, such as a country club or business association, since [date].

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

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

35.All documents that relate to transactions regarding the purchase, mining, sale, or transfer of encrypted digital currency since [date].

Reimbursement and Reconstitution

36.All documents that relate to any claim asserted by any party for reimbursement by one marital estate (that is, your separate estate, your spouse’s separate estate, or the commu­nity estate) against another marital estate [include if applicable: including any offsetting bene­fits].

37.All documents that relate to any claim by any party regarding reconstitution of the community estate, specifically including documents regarding the value of the claim.

Parent-Child/Marital Relationship

38.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].

39.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].

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

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

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

43.All contracts or other documents that relate to a party’s or the parties’ involvement with assisted reproduction, including but not limited to contracts between the parties and assisted reproduction clinics, fertility specialists, surrogates, or cryopreservation banks.

44.All statements, correspondence, and other 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.

45.All statements, correspondence, and other 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.

46.All passports and visas that have been issued and passport and visa applications that have been submitted on behalf of the child[ren], including any renewals, since [date].

Spousal Maintenance

47.All documents on which you rely that relate to a claim by you, if any, for spousal maintenance.

48.All documents on which you rely that relate to a claim by you, if any, that the other party is not entitled to spousal maintenance.

Miscellaneous

49.All documents, including invoices and billing statements, evidencing contractual relationships with (a) attorneys not designated as experts in this case, (b) consulting experts on whom testifying experts in this case rely, or (c) investigators in connection with this case.

50.Except as otherwise provided in response to a request above, all documents which you contend support your claims or defenses regarding the following:

a.conservatorship of the child[ren];

b.possession and access of the child[ren];

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.

51.Except as otherwise provided in response to a request above, all documents which you contend support your claims or defenses regarding the following:

a.the division of specific real or personal property and liabilities;

b.requests for disproportionate division of the community estate;

c.the value of community property;

d.characterization of any property claimed as separate property;

e.spousal maintenance;

f.attorney’s fees;

g.fault in the breakup of the marriage;

h.family violence;

i.tort claims; or

j.requests for permanent injunctions.