[Caption. See § 3 of the Introduction in this manual.]
[Title of requestor]’s [Interrogatories/Requests for
Production/Requests for Admission]
To: [Name of party], by and through [his/her] attorney of record, [name and address of attorney].
[Name of requestor] serves on [name of party] [his/her] [First Set of Interrogatories/First Set of Requests for Production/[and] First Set of Requests for Admission] and seeks the following:
In this document the following definitions and usages shall apply:
“You” or “your” means [name of party], in all capacities, and all of [his/her] attorneys, accountants, associates, successors, employees, agents, partners, or independent contractors performing any service for [him/her].
[“Mr. [last name of requestor]”/“Ms. [last name of requestor]”] means [full name of requestor], the [title of requestor] in the above-referenced proceeding.
[“Mr. [last name of proposed ward]”/“Ms. [last name of proposed ward]”] shall refer to [Mr./Ms.] [full name of proposed ward], the proposed ward in the above-referenced proceeding.
“Guardianship proceeding,” “proceeding,” or “litigation” refers to the above-referenced proceeding, including all pending applications, contests, claims for affirmative relief, or defenses.
“Documents” is defined to be synonymous in meaning and equal in scope to the usage of that term in rule 192.3(b) of the Texas Rules of Civil Procedure. The terms “document,” “documents,” and “records” are used in their broadest sense and shall include all written, printed, typed, recorded, or graphic matter of every kind and description, both originals and copies, and all attachments and appendices thereto. Without limiting the foregoing, the terms “document,” “documents,” and “records” shall include all agreements, contracts, communications, correspondence, letters, electronic mail, telecopies, telegrams, telexes, messages, memoranda, records, reports, books, summaries or other records of telephone conversations or interviews, summaries or other records of personal conversations, minutes or summaries or other records of meetings and conferences, summaries or other records of negotiations, other summaries, diaries, diary entries, calendars, appointment books, time records, instructions, work assignments, visitor records, forecasts, statistical data, statistical statements, financial statements, worksheets, work papers, drafts, graphs, maps, charts, tables, accounts, analytical records, consultants’ reports, appraisals, bulletins, brochures, pamphlets, circulars, trade letters, press releases, notes, notices, marginal notations, notebooks, telephone bills or records, bills, statements, records of obligations and expenditures, invoices, lists, journals, advertising, recommendations, files, printouts, compilations, tabulations, purchase orders, receipts, sale orders, confirmations, checks, canceled checks, letters of credit, envelopes or folders or similar containers, vouchers, analyses, studies, surveys, transcripts of hearings, transcripts of testimony, expense reports, microfilm, microfiche, articles, speeches, tape or disc recordings, sound recordings, video recordings, film, tapes, photographs, punch cards, programs and data compilations from which information can be obtained (including matter used in data processing), and other printed, written, handwritten, typewritten, recorded, stenographic, computer-generated, computer-stored, or electronically stored matter, however and by whomever produced, prepared, reproduced, disseminated, or made. The terms “document,” “documents,” and “records” shall include all copies of documents by whatever means made, except that where a document is identified or produced, identical copies thereof which do not contain any markings, additions, or deletions different from the original need not be separately produced. “Document,” “documents,” and “records” mean and include all matter within the foregoing description that is in your possession or control, or the control of any attorney, accountant, or financial advisor for you.
“Identify” or “identification” means (1) when used in reference to a natural person, that respondent shall state such natural person’s full name, present or last known address, and telephone number; (2) when used in reference to a document, that respondent shall state the date, subject and substance, author, all recipients, type of document (e.g., letter, telegram, memorandum, computer printout, sound reproduction, chart, etc.), its present location, and the identity of its present custodian if other than the person answering these [Interrogatories/Requests for Production/[and] Requests for Admission]; and (3) when used in reference to an event, meeting, occasion, statement, or conversation, that respondent shall state the date, place, duration, and persons attending, present, or participating.
“Possession, custody, or control” of an item, or references to that phrase, means that you either have physical possession of the item or have a right to possession of the item that is equal or superior to the person who has physical possession of the item.
Singular and masculine forms of nouns and pronouns shall embrace and be read and applied as plural, or as feminine or neuter, as appropriate to the context.
Each query is to be construed and responded to independently and not to be referenced to any other query herein for purposes of limitation.
“Relate,” “related,” or “relating” means having reference to, connection with, or being associated with.
“Through present” shall mean the date you answer this discovery and shall include further the last date you are required to supplement your responses to this discovery pursuant to the Texas Rules of Civil Procedure.
“Including” shall be interpreted to mean “including, without limitation,” and shall not be interpreted to exclude any information otherwise within the scope of any request.
“Communication” means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise) and includes, without limitation, every manner or means of statement, declaration, utterance, notation, disclaimer, or transfer or exchange of information of any nature whatsoever, by or to whomever, whether oral or written, and whether face-to-face or by telephone, mail, facsimile, electronic mail, personal delivery, or otherwise, including but not limited to correspondence, conversations, dialogue, discussions, interviews, consultations, agreements, and other understandings.
“Persons” refers to natural persons or entities, including but not limited to all partnerships, firms, associations, joint ventures, corporations, and any other form of business organization or arrangement, as well as governmental or quasi-governmental agencies. If other than a natural person, the term includes all natural persons associated with such entity.
“And” and “or” shall each be individually interpreted in every instance as meaning “and/or” and shall not be interpreted disjunctively to exclude any information otherwise within the scope of any request.
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Include the following as applicable. |
Interrogatories
Pursuant to the provisions of rules 192 and 197 of the Texas Rules of Civil Procedure, you are required to complete written answers to the attached interrogatories immediately on the expiration of [thirty/fifty] days following the date you are served with these interrogatories. Your written answers must be served on the undersigned, [name of attorney], at [his/her] offices at [address, city, state]. With regard to the interrogatories, you are instructed that failure to answer fully and in writing any of the following interrogatories may result in the Court entering an order compelling you to file written answers, directing you to pay the undersigned’s reasonable expenses incurred in securing such an order, including attorney’s fees, striking all your pleadings in this litigation, or entering a default judgment against you. Further, you have an affirmative duty to supplement your answers to the interrogatories with information that you may acquire after filing your written answers if such information makes it known that your previous answer was incorrect when made or if the answer, though correctly made, is no longer true and the circumstances are such that your failure to amend your written answers would be in substance a knowing concealment. You are hereby requested to so supplement any of your written answers to these interrogatories at such time and, in the absence of any written objection to this request, it will be presumed that you have agreed to do so. Answers to these interrogatories must be made under oath separately and fully in writing.
If you object to any of these interrogatories because you believe the number of answers called for exceeds the permissible limit provided by the Texas Rules of Civil Procedure, then please provide the maximum number of answers you believe are required by the Texas Rules of Civil Procedure by answering the interrogatories in consecutive order until you have reached the maximum number of answers you believe are required. This subparagraph is by no means an admission by the proponent of these interrogatories that the number of answers called for by these interrogatories is excessive or violative of any rule of law.
Requests for Production
Pursuant to rules 192 and 196 of the Texas Rules of Civil Procedure, you are requested to produce and permit the inspection and copying of items requested in the attached requests for production to [name of attorney] at [his/her] offices at [address, city, state], immediately on the expiration of [thirty/fifty] days following the date you are served with this set of requests for production.
The requests for production include requests for documents and things that are in your actual possession, custody, or control and also documents and things in your constructive possession. You need not have actual physical possession of the documents and things requested. You have possession, custody, or control if you have a right to possession superior to that of a third party (including an agency, authority, or representative who has physical possession). See Tex. R. Civ. P. 192.7(b).
If a document requested hereunder has already been produced in response to a previous request for production, subpoena, or order in this litigation, it need not be produced again. However, any documents previously produced should be identified by date, description, and by reference to the paragraph herein to which the documents are relevant.
Requests for Admission
Pursuant to rule 198 of the Texas Rules of Civil Procedure, you are requested to admit or deny the relevant facts requested in the attached requests for admission. Each of the matters of which an admission is requested is deemed admitted without further action unless within [thirty/fifty] days from the date you are served with this set of requests for admissions a sworn statement is delivered to [name of attorney] at [his/her] offices at [address, city, state] either admitting or denying the same or setting forth in detail the reasons why you cannot truthfully admit or deny the same.
[Name]
Attorney for [title of requestor]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Certificate of Service
I certify that a true copy of this [title of document] was served in accordance with rule 21a of the Texas Rules of Civil Procedure.
SIGNED on ________________________________.
[Name of attorney]