The cover sheet at form 5-41 should precede these and any other interrogatories.
Pattern Interrogatories—General
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Select only as applicable. |
1.State the identity and location of any person who is expected to be called to testify at the trial of this lawsuit.
2.State which of your answers to these interrogatories are based on information obtained from other persons, and state the identity and location of each person from whom you obtained the information and the date the information was obtained.
3.State the identity and location of your employers since [date] and the dates you were employed by each.
4.If any person or entity with which you are associated provides you with any fringe benefits, state for each fringe benefit—
a.a description of the fringe benefit,
b.the amount paid monthly and annually by the person or entity for the fringe benefit, and
c.the specific person or entity providing each fringe benefit.
“Fringe benefit” means any benefit from an employer apart from salary, including payment of personal expenses; payment of housing expenses; vacation pay; payment of medical, hospitalization, or dental insurance, life insurance, annuities, and disability insurance policies; payment of automobile expenses (including note payment, gasoline, repairs, maintenance, insurance, and mileage compensation); payment of travel allowances; restricted stock; warrants; deferred compensation plans, 401(k) contributions, stock options, or retirement or pension benefits; country club or other memberships; use of company airplanes, homes, boats, or cars; payment of business professional dues; interest-free or low-interest loans; payment of legal fees; accounting or bookkeeping services; and payment for items used by you personally.
5.State the identity and location and the age of each person with whom you have resided since [date], the dates on which you resided with each person, and the address where you resided together.
6.State the identity and location of all [include if applicable: mental and physical] health-care providers with whom you [include if applicable: or your child[ren]] consulted or by whom you [include if applicable: or your child[ren]] have been treated or evaluated since [date] [include if applicable: and the reasons for each consultation, evaluation, or treatment].
7.If any party has committed an act of family violence (as “family violence” is defined in section 71.004 of the Texas Family Code), for each act of family violence identify facts that establish, demonstrate, or prove your allegation, including—
a.a description of the alleged act of family violence;
b.the date and location of the alleged act of family violence;
c.the identity and location of any other person who observed the act of family violence;
d.the identity and location of any person to whom you disclosed the act of family violence;
e.the defenses, if any, made by the person who was accused of committing the family violence; and
f.a description of the treatment sought or received, if any, for the act of family violence.
8.If you have engaged in intimate sexual contact (including sexual intercourse, oral sex, fondling, or other sexual stimulation) with anyone other than your spouse during this marriage, state—
a.the identity and location of each person with whom you have had such contact;
b.the dates, times of day, and locations of each occurrence of intimate sexual contact [and the location of the child[ren] during each occurrence]; and
c.the beginning and ending dates, if applicable, of your relationship with the person with whom you have engaged in intimate sexual contact.
9.If you allege that your spouse has engaged in intimate sexual contact (including sexual intercourse, oral sex, fondling, or other sexual stimulation) with anyone other than you during this marriage, identify facts of which you are specifically aware that establish, demonstrate, or prove your allegation, including—
a.the identity and location of each person with whom you allege your spouse has had such contact and
b.the dates, times of day, and locations of each alleged occurrence of intimate sexual contact [and the location of the child[ren] during each occurrence].
10.If since [date] you have consumed or used any controlled substance for which you did not have a valid prescription, state for each use—
a.the controlled substance consumed or used and
b.the date you consumed or used the controlled substance.
11.If you allege that since [date] your spouse has consumed or used any controlled substance for which your spouse did not have a valid prescription, for each use identify facts of which you are specifically aware that establish, demonstrate, or prove your allegation, including—
a.the controlled substance consumed or used and
b.the date your spouse consumed or used the controlled substance.
12.If you and/or anyone on your behalf has employed or used any private investigator in relation to this proceeding, state—
a.the identity and location of the investigator,
b.the dates of hiring and surveillance,
c.whether any written report has been compiled by the investigator, and
d.the total fees charged.
13.If you have used any expert for consultation who is not expected to be called as a witness, if that expert’s opinion or impressions have been reviewed by any expert who may be called as a witness, state—
a.the identity and location of each consulting expert;
b.the subject matter on which each consulting expert was consulted;
c.the mental impressions and opinions held by each consulting expert;
d.the facts known to each consulting expert that relate to or form the basis of the mental impressions and opinions held by that expert; and
e.a description of all documents and other tangible things used by, prepared by, prepared for, or furnished to each consulting expert, including all tests, calculations, reports, models, data, and compilations that form the basis of the consulting expert’s opinions or impressions.
14.List those expert witnesses (if any) identified by any party to this suit who you contend are not qualified to render opinions under the standards set forth in E.I. du Pont de Nemours v. Robinson, 923 S.W.2d 549 (Tex. 1995), or in any subsequent opinion by the Supreme Court of Texas that you contend extends the holdings of Robinson.
15.If you contend that any opinion rendered by an expert designated by any party to this suit is not reliable within the meaning of E.I. du Pont de Nemours v. Robinson, 923 S.W.2d 549 (Tex. 1995), or of any subsequent opinion by the Supreme Court of Texas that you contend extends the holdings of Robinson—
a.identify the expert,
b.state the substance of the opinion,
c.describe the basis for your contention that the opinion is not reliable.
16.If you intend or may use impeachment evidence at the trial or at any hearing in this suit concerning any person listed by a party as having knowledge of relevant facts or concerning any person listed by a party as a testifying expert, list each such person who may be impeached along with the specific crime and date of such crime allegedly committed by that person and/or identify and describe the impeachment evidence by which you intend to or may impeach such person.