Form 5-75

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Notice of Intent to Take Deposition on Written Questions

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

Please take notice that [name], [Petitioner/Respondent], intends to take the deposition on written questions of [name], [address], at [location] on [date] at [time]. This deposition will be taken before a notary public and [will be taken by [telephone/[describe other remote electronic means]]/will not be taken by telephone or other remote electronic means]. The deposition is to be used in this case.

You are further notified, in accordance with rule 199.2(b)(1) of the Texas Rules of Civil Procedure, that the matters on which examination is requested are as follows: [describe with reasonable particularity the matters on which examination is requested].

You are further notified that in response to this notice you must designate, a reasonable time before the deposition, one or more individuals to testify on your behalf and set forth, for each individual designated, the matters on which the individual will testify.

You are further notified, in accordance with rule 199.5 of the Texas Rules of Civil Pro­cedure, that the identities of persons who will attend the taking of this deposition, other than the witness, parties, spouses of parties, counsel, employees of counsel, and the officer taking the deposition, are as follows: [specify].

You are further notified that you are required to bring with you to the above address on the above date all documents in your possession or within your access by law or in fact set forth in Exhibit A attached to this notice and incorporated in it by reference for all purposes and permit [Petitioner/Respondent] to inspect and copy each of those documents.

A copy of the direct questions to be asked is attached to this notice.

   
[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 [notice/Notice of Intent to Take Deposition on Written Questions] and all written questions to be asked during the deposition were 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]

Exhibit A

“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; 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.

You are to produce, if you have not previously produced, the following [include if appli­cable: since [date]]: [specify].