Form 5-41

This cover sheet for interrogatories should precede the appropriate questions from forms 5-43 through 5-47. Interrogatories to parties are the subject of Tex. R. Civ. P. 197. Pending changes to Tex. R. Civ. P. 194, as it pertains to family law cases, may render some items requested in this form inappropriate. Eliminate any items listed in this form that duplicate items covered in the request for disclosure in rule 194 when amended.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

[Petitioner/Respondent]’s Written Interrogatories to [Respondent/Petitioner]

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

Under rules 190 and 197 of the Texas Rules of Civil Procedure, you are required to answer in complete detail and in writing each of the attached interrogatories; sign your answers to the interrogatories as required by rule 191.3(a) of the Texas Rules of Civil Proce­dure; swear to the truth of your answers before a notary public or other judicial officer as required by rule 197.2(d) of the Texas Rules of Civil Procedure or make an unsworn declara­tion as allowed by section 132.001 of the Texas Civil Practice and Remedies Code; and deliver a complete, signed copy of your answers, notarized if applicable, to the undersigned attorney within [thirty/fifty] days following service of this request. If you fail to comply with the requirements above, the Court may order sanctions against you in accordance with the Texas Rules of Civil Procedure.

Definitions

“Identity and location” means the person’s name and present or last known address and telephone number. If any of the above information is not available, state any other means of identifying the individual.

“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.

“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; e-mails; 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.

Instructions

All information that is not privileged that is in the possession, custody, or control of [Respondent/Petitioner], [his/her] attorney, investigators, agents, and consulting experts, as defined in the Texas Rules of Civil Procedure, employees, or other representatives of [Respondent/Petitioner] is to be divulged. 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 an interrogatory calls for an answer that involves more than one part, each part of the answer must be clearly set out so that it is understandable. You must precede your answer to each separate interrogatory with the question constituting the separate interrogatory.

Option to Produce Records

If the answer to an interrogatory may be derived or ascertained from public records, from your business records, or from a compilation, abstract, or summary of your business records, and the burden of deriving or ascertaining the answer is substantially the same for [Petitioner/Respondent] as for you, you may answer the interrogatory by specifying and, if applicable, producing the records or compilation, abstract, or summary of the records. The records from which the answer may be derived or ascertained must be specified in sufficient detail to permit [Petitioner/Respondent] to locate and identify them as readily as you can. If you have specified business records, you must state a reasonable time and place for examina­tion of the documents. You must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide [Petitioner/Respondent] a reasonable opportunity to inspect them.

   
[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]