Requests for production and inspection to parties are the subject of Tex. R. Civ. P. 196.
Use this form if the land or property belongs only to a party or the parties. If the land or property belongs in whole or part to a nonparty, use form 5-39.
Include the following notice if a minor is named in the caption or if the request contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
[Petitioner/Respondent]’s Request for Entry upon Property
[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], allow entry on the [land/property] to [include as applicable: inspect/measure/survey/photograph/test/sample] the property or any designated object thereon at the time and place set out below.
Definitions
“Parties” means Petitioner or Respondent or both Petitioner and Respondent.
Instructions
Entry is to be allowed to the [land/property] described in Exhibit A.
Time, Place, and Other Conditions
Entry shall be [state time, place, manner, conditions, and scope of inspection]. [Inspection/Testing/Sampling/Inspection and testing/Inspection and sampling/Testing and sampling/Inspection, testing, and sampling] will be by [describe as applicable the means, manner, and procedure for inspection, testing, and/or sampling]. [Name[s]] will conduct the [inspection/testing/sampling/inspection and testing/inspection and sampling/testing and sampling/inspection, testing, and sampling].
Content of Response
With respect to each request for entry, you must state objections and assert privileges as required by the Texas Rules of Civil Procedure and state, as appropriate, that—
1.entry or other requested action will be permitted as requested;
2.entry or other requested action will take place at a specified time and place, if the responding party is objecting to the time and place of production; or
3.entry or other requested action cannot be permitted for reasons stated in the response.
[Name]
Attorney for [Petitioner/Respondent]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
For certificate of service, see form 21-11. |
Exhibit A
Include land or other property as applicable. |