Review Tex. Fin. Code § 59.006 before requesting bank records, particularly by a global request, to ensure that the client can afford and is willing to pay the bank’s attorney’s fees and costs. Discovery from nonparties is governed by the requirements of Tex. R. Civ. P. 205.
Suggested Language for Production of Bank Records
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Select only as applicable. |
1.The credit file, loan file, and copies or originals of all promissory notes, guaranty agreements, or other obligations and all financial statements, profit-and-loss statements, balance sheets, income and expense statements, and operating statements submitted or executed by [name] or any of the following entities: [names of partnerships, corporations, and other entities in which the party has an interest].
2.All signature cards, deposit-box rental agreements, deposit-box entry records, and records of assets in safekeeping in the name of [name] or on which [name] had or has signatory authority for the period from [date] to the date of production of the records.
3.All contractual agreements between [name of bank] and [name], including lines of credit and security agreements for the period from [date] to the date of production of the records.
4.All bank statements, deposit records, withdrawal records, transfer records, and canceled checks for all checking accounts, savings accounts, certificates of deposit, and all other types of accounts maintained in the name of [name] or on which [name] had or has the right to draw for the period from [date] to the date of production of the records, including the following:
a.Account number [number] in the name of [name of account].
b.[Continue with identification of other records.]
5.All records maintained for the benefit of [name] in the Trust Department.
Instruction
If any records requested herein are exclusively maintained in electronic or magnetic form, produce those records in the following form: [specify].