Interrogatories to parties are the subject of Tex. R. Civ. P. 197. Interrogatories may not request items subject to disclosure under Tex. R. Civ. P. 194.
Sample Interrogatories
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Select as applicable. |
1.State your name, address, telephone number, Social Security number, birth date, and driver’s license number, and the name, address, and telephone number of anyone helping you prepare answers to these interrogatories. Include in the address requested in this and all other interrogatories the street address, apartment number, city or township, county, and state. If the address is rural, include in the description of the address called for by this and all other interrogatories directions, to the nearest tenth of a mile, over public roads and streets from the nearest incorporated town or city.
2.Identify all witnesses that you intend to call at trial in the guardianship proceeding, including their names, addresses, telephone numbers, and a brief description of the subjects on which you expect each witness to testify.
3.Please state the name, address, and office telephone number of every physician, doctor, osteopath, psychiatrist, psychologist, or other medical care provider who has provided medical care or advice to [name of proposed ward] or has provided advice to you about [name of proposed ward] from [date] through the present.
4.Please state the date, time, and nature of each personal or telephonic contact you have had with [name of proposed ward] from [date] through the present.
5.List all facts, incidents, or matters of which you have personal knowledge that support your claim that [name of proposed ward] lacks judgment to handle [his/her] personal or financial affairs.
6.Have you or has anyone on your behalf interviewed or obtained any statements from anyone concerning any matters relevant to this lawsuit? If so, please state the name, address, and telephone number of each such person.
7.Please state the fact and reason that supports your allegation in your application for the appointment of a guardian for [name of proposed ward] that [name of proposed ward] is unable to care for [himself/herself] or to manage [his/her] financial affairs.
8.Are you or have you been a party to any lawsuit (other than this lawsuit) from [date] through the present? If so, please state the cause number, style, and name of the court in which any such suit was heard or is pending.
9.Are you indebted to [name of proposed ward]? If so, please state the amount of any such debt and describe the reason for any such debt.
10.Are you indebted to [list any trusts or entities in which the proposed ward has an interest]? If so, please state the amount of any such debt and describe the reason for any such debt.
11. Do you have any claim that is adverse to [name of proposed ward] or to any property, real or personal, of [name of proposed ward]? If so, please describe each such claim in full.
12.Do you have any claim that is adverse to [list any trusts or entities in which the proposed ward has an interest] or to any property, real or personal, of [that entity/those entities]?
13.State your educational background (include in your answer the names of all educational institutions you have attended since high school, the dates of attendance, and any degrees you have earned). Please also identify all professional licenses you hold, whether any such license is current, and whether you have been disciplined by the governing body of any profession in which you hold a license.
14.State the person or persons who asked you to join, as an applicant, in the guardianship proceeding pending under Cause No. [number] in the [designation] Court of [county] County, Texas.
15.State every reason that supports your claim that [name of proposed ward]’s physical well-being or estate may be in jeopardy.
16.Have you ever been charged with or arrested for any crime other than a minor traffic violation? If so, please state the date, location, and nature of the alleged offense for which you were charged or arrested and the name of the governmental agency that charged or arrested you.
17.Have you ever been convicted of or been made subject to deferred adjudication, suspended sentence, or probation for any crime other than a minor traffic violation? If so, please state the date, location, and nature of the offense and the name of the court that rendered any such measure against you, and describe the nature of the conviction, adjudication, or probation rendered against you.
18.State your marital history, giving the name and present address of your current spouse, if any, and of any prior spouse.
19.State whether you have ever been divorced. If so, please state the cause number, style, identity of the court, and date of any judgment or decree for any divorce.
20.State your employment history since your twenty-first birthday. Include in your answer the name, address, and telephone number of each employer, the name of your supervisor at each employer, and the dates of employment.
21.Has [name of proposed ward] made any gifts or loans to you since your twenty-first birthday? If so, please describe each such gift or loan by providing the date, nature, and amount (if made in the form of money) of any gift or loan from [name of proposed ward] to you in an amount or value in excess of $500.
22.Have you ever been treated by a psychiatrist for a mental or emotional disorder or disease, chronic intoxication, or drug abuse or addiction? If so, please describe the reason for any such treatment and state the name and address of each such treating psychiatrist.
23.Have you ever been admitted as a patient to any hospital or treatment facility for treatment of a mental disorder or disease, chronic intoxication, or drug abuse or addiction? If so, please state the name and address of each such hospital or treatment facility, the name and address of the treating physician, and the date of each such admission to a hospital or treatment facility.
24.Are you currently taking any prescription drugs for any mental disorder or disease, chronic intoxication, or drug abuse or addiction? If so, please identify each such prescription drug you are currently taking and the name and address of the prescribing physician.
25.Do you suffer from any physical condition, infirmity, or disease that impairs (a) your ability to communicate with others, (b) your ability to read or write, (c) your short-term or long-term memory, (d) your ability to make decisions, or (e) your ability to drive an automobile? If so, please describe each such condition, infirmity, or disease.
26.State the name, address, and telephone number of each expert used for consultation who is not expected to be called as a witness at trial if (a) the consulting expert’s work product forms a basis either in whole or in part of the opinions of an expert who is to be called as a witness or (b) the consulting expert’s report or work product is reviewed by or received by the expert who is to testify in this case. For each such witness, give the subject matter on which he or she has provided an opinion, the mental impressions and opinions held by the expert, and the facts known to the expert (regardless of when the facts or information was acquired) that relate to or form the basis of the mental impressions and opinions held by the expert.
27.Please state the name and address of every hospital, clinic, or outpatient facility that has provided medical care or advice to [name of proposed ward] or has provided advice to you about [name of proposed ward] from [date] through the present.
28.Please state every reason why, in your opinion, it would be in the best interests of [name of proposed ward] for [you/[name]] to become [his/her] guardian, if that is your opinion.
29.Please state every reason why, in your opinion, [name] would not be qualified to act as guardian of [name of proposed ward], if that is your opinion.
30.Please state every reason why, in your opinion, [name] would not be suitable to act as guardian of [name of proposed ward], if that is your opinion.
31. Are you aware of any attempts or plans made to change any trust or will created or signed by [name of proposed ward] [include if applicable: or [his/her] spouse]? If so, please explain and describe all such attempts or plans and explain and describe why any such attempts or plans were not carried out.
32.Has [name of proposed ward] signed a will, trust agreement, power of attorney, or directive to physicians since [date]? If so, please describe the documents that have been signed and provide the name, address, and telephone number of each attorney or estate planner who prepared or assisted with the preparation and execution of each such document.