Form 5-43

The following interrogatories do not include topics that are subject to mandatory disclosure under Tex. R. Civ. P. 194. 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.

The cover sheet at form 5-41 should precede these and any other interrogatories.

Pattern Interrogatories—General

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.If you, at any time, had possession or control of a document requested in a request for production, and if the document has been lost, has been destroyed, or is not presently in your possession, custody, or control, describe the document, the date of its loss, destruction, purge, or separation from your possession, custody, or control, and the circumstances sur­rounding its loss, destruction, purge, or separation from your possession, custody, or control.

4.State the identity and location of your employers since [date] and the dates you were employed by each.

5.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.

6.If any documents exist that relate to any of the following, describe each document and state its location:

a.conservatorship;

b.possession and access;

c.child support and medical and dental support for the child[ren];

d.family violence;

e.attorney’s fees; and

f.requests for permanent injunctions.

7.If any documents exist that relate to any of the following, describe each document and state its location:

a.division of property and liabilities, including claims for a disproportionate division of the community estate;

b.value of each asset;

c.amount of each liability;

d.characterization of any property that you are claiming as your separate prop­erty and any liability that you are claiming is separate;

e.attorney’s fees;

f.fault in the breakup of the marriage;

g.family violence;

h.tort claims; and

i.requests for permanent injunctions.

8.State the identity and location and the age of each person with whom you have resided since [date] and the dates on which you resided with each person.

9.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 since [date] [include if applicable: and the reasons for each consultation or treatment].

10.If you allege that your [former] spouse 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 of which you are specifically aware that establish, demonstrate, or prove your allegation, including—

a.a description of the alleged act of family violence,

b.the date the alleged act of family violence occurred, and

c.a description of the treatment sought or received, if any, for the act of family violence.

11.If it has been alleged that you have 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:

a.describe the alleged act of family violence,

b.state the date the alleged act of family violence occurred, and

c.describe the circumstances surrounding the alleged act of family violence.

12.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 and

b.the dates, times of day, and locations of each occurrence of intimate sexual contact.

13.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.

14.If since [date] you have taken or used any controlled substance for which you did not have a valid prescription, state for each use—

a.the controlled substance used and

b.the date you used the controlled substance.

15.If you allege that since [date] your spouse has taken 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 substances used and

b.the date your spouse used the controlled substance.

16.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.

17.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.

18.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.

19.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.

20.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.