Information or instructions: Combined discovery requests, admissions, production of documents and interrogatories

Transcription

1 Information or instructions: Combined discovery requests, admissions, production of documents and interrogatories 1. The practitioner may desire to combine Request for Admissions, Interrogatories and Request for Production of Documents into one broad overall request. 2. The practitioner may also desire to have a standard set of Admissions, Interrogatories and Production requests for all litigation cases. 3. Thereafter, the practitioner may add more specific and detailed Interrogatories, Admissions and Production requests, as warranted by the case. 4. The following discovery requests are extremely broad in their nature and since the discovery requests were drafted with a broad basis in mind, the practitioner should review them to determine whether or not they should be made more specific. 5. Judges have wide discretion regarding whether or not a request is acceptable or objectionable. Accordingly, the practitioner should review the request before using it. 6. The discovery requests contain broad definitions and instructions and standard questions that may apply to many different cases. 7. The case of Overall d/b/a Painting Professionals v Southwestern Bell Yellow Pages No C CV (Houston) decided 1/6/94, held that when interrogatories and production of documents are combined in one request, the party must make the response within 31 days instead of 30 days. Form: Party's request for admissions, production of documents and interrogatories CAUSE NUMBER [Name], PLAINTIFF vs. [Name], DEFENDANT IN THE [Type of Court] COURT [Court number] OF [NAME], COUNTY, TEXAS [PLAINTIFF'S or DEFENDANT'S] REQUEST FOR ADMISSIONS, PRODUCTION OF DOCUMENTS AND INTERROGATORIES To: [Name of plaintiff or defendant] by and through [its or their or his or her] attorney of record, [Name and Address]:

2 Please be advised that [Name of plaintiff or defendant], "Movant", makes the following discovery requests upon you pursuant to Texas Rules of Civil Procedure Numbers 196,197 and REQUESTS FOR ADMISSIONS 1. You are required to admit or deny the truth of each of the numbered requests set forth in the Requests for Admissions attached to this Request and serve your answers regarding the requests to the undersigned attorney's office within thirty-one (31) days from the date the above identified party's attorney receives these pleadings. 2. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you state that you have made reasonable inquiry and that the information known or easily obtainable by you is insufficient to enable you to admit or deny. 3. If you cannot answer a Request for Admission, you must state the reason why you are unable to admit or deny that Request for Admission. 4. If you do not admit the truth of the facts stated in the Request for Admissions, you must specifically set forth the reasons in detail why the request(s) cannot be truthfully admitted. 5. Each matter for which an admission is requested shall be admitted unless your sworn response is served upon the undersigned attorney's office during the specified thirty-one (31) day time period. 6. Any answer which does not comply with the above cited Texas Rules of Civil Procedure will be admitted against you or in the alternative a Motion for Sanctions may be filed requesting reimbursement for attorney fees and other sanctions for your failure to answer completely any request of law or fact contained in this Request. 7. If you deny a request and Movant thereafter proves the truth of that matter, you may be ordered to pay the costs of proof, including attorney fees.

3 8. The attorney of record or the party upon whom these requests are directed should sign his or her Name to the answers and return the Requests for Admissions and Answers to the following Address: [Address]. 9. A true copy of these discovery requests is being served upon you as the attorney of record for [Name] in accordance with the provisions of Rule 21a. 2. INTERROGATORIES AND REQUEST FOR PRODUCTION 1. Per TRCP you are required to answer fully, factually and in full detail each of the Interrogatories and Request for Production of Documents set forth attached to this Request. 2. You should make a full written response, sign your Name, swear to it and deliver it to the undersigned attorney's office within thirty-one (31) days from the date the above identified party's attorney received these pleadings. 3. ADMISSIONS, PRODUCTION OF DOCUMENTS AND INTERROGATORIES 1. A list of instructions and definitions applicable to these discovery pleadings is attached to this Request as Exhibit "A". 2. The Requests for Admissions, Production of Documents and Interrogatories which you are requested to produce and answer to the undersigned law offices are listed in Exhibit "B" to this Request. 3. Your answers to the Requests for Admissions, Production of Documents and Interrogatories should be answered in the space immediately following the request or interrogatory. If additional space is required, please continue the answer on a separate sheet of paper. 4. Your answers should be signed by the party to whom they are directed. If the party is a public or private corporation, partnership or association, then the answer of the public or private

4 corporation, partnership or association or trust should be signed by an officer or agent of the same and reflect his or her capacity in that organization. 5. You and your attorney are under a duty to supplement your answers to these discovery pleadings by amending your answers and serving a copy of the amended answers on the undersigned counsel at the undersigned's Address not less than fourteen (14) days prior to the commencement of a summary judgment hearing or trial of this matter. a. If you obtain information that may change or modify your answers or production, or if the same was incorrect, modified or changed due to supplemental information received by you, your attorney or other parties under your control must supplement the answers as specified above. b. If you receive or know of additional documents which are included in the Request for Production of Documents but were not produced to the undersigned attorney, you are under a duty to produce those other discovery documents to the undersigned attorney within the above stated fourteen (14) day time deadline. Respectfully Submitted, [Law Firm Name] By [Attorney s Name] Attorney for [Plaintiff, Defendant or Movant] [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number] CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing pleading or document has been served upon all attorneys of record and any parties who are not represented by an attorney on.

5 Attorney for: Attorney s name: Attorney s address [Other attorney s client s name] [Other attorney s name] [Other attorney s address] Type of Service: U.S. Mail, Certified Return Receipt Request No.. U.S. Mail, First Class. Hand delivery by [name of delivery service]:. Facsimile transmission to [fax number] before 5 p.m. [Attorney s signature] EXHIBIT A LIST OF INSTRUCTIONS AND DEFINITIONS FOR REQUEST FOR ADMISSIONS, PRODUCTION AND INTERROGATORIES As used in this list, the words defined below shall be deemed to have the following meanings unless indicated otherwise in an individual request or interrogatory: Discovery Request: The term "discovery request" includes, but is not limited to, an Interrogatory, Request for Admissions and Requests for Production of Documents. You: The terms "you, your or yourself" refer to [Plaintiff or Defendant] and each and every agent, representative, attorney, employee, contractor, subcontractor or each person acting or purporting to act on that party's behalf or under that party's control or direction. Representative: The term "representative" means any and all agents, employees, servants, officers, directors, attorneys or other persons acting or purporting to act on behalf of the person in question. Person:

6 The term "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, and other units therein, and shall include, but not be limited to, a public or private corporation, partnership, joint venture, voluntary or unincorporated association, organization, proprietorship, trust, estate, governmental agency, commission, bureau, department or any other entity. Document: The term "document" means any medium upon which intelligence or information can be recorded or retrieved, and includes, without limitation, the original and each copy, regardless of origin and location, of any book, pamphlet, periodical, letter, memorandum (including any memorandum or report of a meeting or conversation), invoice, bill, order form, receipt, financial statement, accounting entry, diary, calendar, telex, telegram, cable, report, working paper, chart, paper, print, printout from any and all computer disks, tape or records that may be produced from your computer or word processor, laboratory record, drawing, sketch, graph, index, list, tape, photograph, microfilm, data sheet or data processing card, or any other written, recorded, transcribed, punched, taped, filmed, or graphic matter, however produced or reproduced, which is in your possession, custody or control or which was, but is no longer, in your possession, custody or control. Documents include all non-identical copies of the above whether printed, recorded, reproduced by any mechanical means or produced by hand. It includes letters, interoffice memos which are known by each to exist or should be ascertainable through due diligence. All documents which are called for include those which are in your custody or control and are obtainable by or within the knowledge of the corporation or you individually. Communication:

7 The term "communication" means any oral or written utterance, notation or statement of any nature whatsoever, by and to whomsoever, made, including, but not limited to, correspondence, conversations, dialogues, discussions, interviews, consultations, agreements, and all other understandings between or among two or more persons. Identification: The terms "identification," or "identify," or "identity," when used in this request include, but are not limited to the following: 1. natural individual, requires you to state his or her full Name and residential Address, business Address(es), and telephone number; 2. document, requires you to state the number of pages and the nature of the document (e.g., letter or memorandum), its title, its date, the Name or Names of its authors and recipients, and its present location and custodian; 3. communication, requires you, if any part of the communication was written, to identify the document or documents which refer to or evidence the communication was non-written, to identify the person participating in the communication and to state the date, manner, place, and substance of the communication. Identification of Documents: With respect to each pleading request, in addition to supplying the information requested, you are to identify all documents that support, refer to, or evidence the subject matter of each pleading request and your answer to that request. If any or all documents identified in this request are no longer in your possession, custody, or control because of destruction, loss, or any other reason, then do the following with respect to each and every such document;

8 1. describe the nature of the document (e.g., letter or memorandum); 2. state the date of the document; 3. identify the persons who sent and received the original and a copy of the document; 4. state in as much detail as possible the contents of the document; and 5. state the manner and date of disposition of the document. If you contend that you are entitled to withhold from production any or all documents identified in this request on the basis of the attorney-client privilege, the work-product doctrine, or other ground, then do the following with respect to each and every document: 1. describe the nature of the document (e.g., letter or memorandum); 2. state the date of the document; 3. identify the person who sent and received the original and a copy of the document; 4. state the subject matter of the document; and 5. state the basis upon which you contend you are entitled to withhold the document from production. Contention Interrogatories: When a pleading request requires you to "state the basis of" a particular claim, contention, or allegation, state in your answer the identity of each and every communication, document and each and every legal theory that you contend supports, refers to, or evidences such claim, contention or allegation. The Word "Or": As used in this request, the word "or" appearing in a discovery request should not be read so as to eliminate any part of the request but, whenever applicable, it should be interpreted as "and/or." For

9 example, an interrogatory stating "support or refer" should be read as "support and/or refer" if an answer that does both can be made. Use of Definitions: The use of any particular gender in the plural or singular number of the words defined under "captions" or "definitions" is intended to include the appropriate gender or number as the text of any particular interrogatory or demand for documents may require. Time Period: Unless specifically stated in the particular discovery request, all information requested is for the time period [two (2)] years prior to the date Plaintiff's Original Petition was filed, to the present date. INTERROGATORIES Interrogatory No. 1. Please identify yourself and identify each and every person with whom you have consulted or upon whom you have relied or otherwise consulted as a source of information in connection with the preparation of your answers to these discovery requests, listing with respect to each and every such person, the numbers of the discovery request to which he or she has consulted and relied upon or otherwise constituted a source of information. Interrogatory No. 2. State each and every cause number, court and caption for each lawsuit which you have been involved in as a party, directly or indirectly. Interrogatory No. 3. Identify any and all photographs, drawings and written tangible reports, exhibits and documents that you or your attorney or anyone acting on your behalf in this matter may be offered as evidence in this case at summary judgment or at trial.

10 Interrogatory No. 4 Identify each and every person, known or believed by you to have any knowledge of the facts that may be relevant to the subject matter of this suit or may be called by you as a witness at trial. Interrogatory No. 5 State your full and complete Name and any other Names by which you are known; your business and residential street Addresses and your business and residential telephone numbers. Interrogatory No. 6 Please identify the Name, Address and telephone number of any persons whom you expect to call as a expert witness to testify at the trial of this cause and state a description of the matter that that party is expected to testify to and the documents and exhibits that he or she intends to rely upon or introduce at trial in support of his or her expected testimony. Interrogatory No.7 Please identify any and all facts that have been furnished by or to you for your expert regardless of when the facts were acquired which relate to your expert's opinions. Interrogatory No. 8 Please identify any and all reports, documents, and tangible things including physical models, computations of data and other material prepared or which may be used by your expert in this cause.

11 Interrogatory No.9 Are any of the witnesses or persons that have knowledge or information about this cause related to you, your attorney, your employees or attorney's employees in any shape, form or manner or to any of the parties or other witnesses in this cause? Interrogatory No. 10 Have any of the witnesses that are expected to testify or parties to this action been convicted of any crime in the last [ten (10) years]? Interrogatory No. 11 Quote verbatim or attach to this interrogatory a true and correct copy of any written correspondence, interoffice memorandums or notes between the parties in this lawsuit. Interrogatory No. 12 State each and every reason why you purportedly do not owe the moneys referred to and prayed for in [Plaintiff's Original Petition or Defendant's Original Answer]. Interrogatory No. 13 If you claim that another person, party or entity is liable to you or the Plaintiff for the damages sought in this case please state the correct Name and Address of that individual or entity and all facts supporting the contention. Interrogatory No. 14 [Ask questions regarding the theory of the law in this cause]. Interrogatory No.15 [Ask for admissions applicable to theory of law]. REQUESTS FOR ADMISSION

12 Request No. 1 Do you admit that you have made an inquiry of your agents, servants, employees, representatives and other persons in your control regarding all documents or evidence relating to the subject matter of this litigation so that you are able to answer the discovery requests as completely, accurately and truthfully as possible? Request No. 2 Do you understand that in answering these Requests for Admissions you are requested to furnish all of the information available to you through all of your officers, employees, and agents, as well as, information available to you personally? Accordingly, do you admit that you have done so? Request No. 3 Do you admit that you are one of the [plaintiffs or defendants] in the case entitled vs., Cause No., pending in the Court of County, Texas? Request No. 4 Do you admit that you were served with Plaintiff's Original Petition in the cause of action referred to above? Request No. 5 Do you admit that you reside at [Address]? Request no. 6 Do you admit that a proper appearance has been entered on your behalf in this cause? Request No. 7 Do you admit that all proper, necessary, permissible and indispensable parties have been joined in this cause?

13 Request No. 8 Do you admit that all parties in this cause have been correctly named? Request No. 9 Do you admit that there are no documents, letters, writings, papers, exhibits, recordings or any other evidence which have not been furnished to Movant which you have or intend to utilize and offer as evidence at summary judgment hearing or at trial to show or form the basis of any defense or contention that you may have in this cause? [add if appropriate- collections requests] COLLECTION MATTERS Request No. 1 Do you admit that on or about [Date], you signed the following agreement? Request No. 2 Do you admit that the signature in the Exhibit to Plaintiff's Petition is your signature? Request No. 3 Do you admit that the document produced in the Exhibit to Plaintiff's Petition is a true and correct copy of the original document or instrument of which the Exhibit is a copy? Request No. 4 Do you admit that you purchased, leased, acquired or received from [Name] the following: [Specify goods, services, etc.]? Request No. 5 Do you admit that you owe the following moneys to [Name]? Request No.6 Do you admit that the term for the payment of the items referred to in the Exhibit in Plaintiff's Petition is?

14 Request No. 7 Do you admit that the monthly payments for the documents referred to in the Exhibit to Plaintiff's Petition is? Request No. 8 Do you admit that pursuant to the terms of the document attached to this document as the Exhibit to Plaintiff's Petition that you took possession of the items listed from [Name] at Address? Request No. 9 Do you admit that the Plaintiff has fully performed Plaintiff's duties and obligations owed to you under the document listed in the Exhibit in Plaintiff's Petition? Request No. 10 Do you admit that after allowing all credits and offsets concerning the document in the Exhibit in Plaintiff's Petition that the sum of $[Amount],remains due, payable and owing to [Name]? Request No. 11 Do you admit that you have not paid the sum stated in the previous request to [Name]? Request No. 12 Do you admit that you owe to [Name] the sum of $[Amount]? Request No. 13 Do you admit that $[Amount],is a reasonable sum for attorney fees to be paid to the undersigned law firm for the commencement and prosecution of this cause?

15 Request No. 14 Do you admit that you have no legal defense to the cause of action referred to in Plaintiff's Original Petition? Request No.15 Do you admit that you accepted and received the goods and services referred to in the Exhibit to Plaintiff's Petition? Request No. 16 Do you admit that the stated price for the items in the Exhibit to Plaintiff's Petition were fair, customary and reasonably priced? Request No. 17 Do you admit that the stated price for the items shown in the Exhibit to Plaintiff's Petition and the statement of account or invoices attached in the Exhibit to Plaintiff's Petition was the agreed price to be paid? Request No. 18 Do you admit that the stated prices for the items shown in the Exhibit(s) to Plaintiff's Petition were the usual and customary price? Request No. 19 Do you admit that Plaintiff has employed the undersigned attorney to sue on the debt made basis of this lawsuit? Request No. 20 Do you admit that a written demand was made on you for payment of the debt Plaintiff has claimed you owe more than thirty (30) days before this lawsuit was filed?

16 Request No. 21 Do you admit that despite the demand referred to above, you have failed to and continue to refuse to pay the moneys owed to Plaintiff as stated in Plaintiff's Original Petition? Request No. 22 Do you admit that the goods and services which are the subject matter of Plaintiff's Exhibits "1" and "2" attached to this document conform to any and all representations and/or warranties made to you by the Plaintiff? Request No. 23 Do you admit that each of the documents attached to Plaintiff's Original Petition is a true and correct copy of the genuine original document of which the copy has been attached to the Petition? Request No. 24 Do you admit that no representative of the Defendant made any complaint to any representative of the Plaintiff within three (3) months from the delivery of the goods, services, wares, merchandise or items listed in the Exhibit(s) to Plaintiff's Petition? Request No. 25 Do you admit that none of the goods or services were defective or failed to comply with the representations made about the goods, product or services referred to in Exhibit to Plaintiff's Petition? Request No. 26 Do you admit that the goods, items, services, etc. referred to in the Exhibit to Plaintiff's Petition were in fact delivered to Defendant?

17 Request No. 27 Do you admit that Defendant was doing business as the party alleged by the Plaintiff in the Plaintiff's Pleadings on file in this cause? Request No. 28 Do you admit that Plaintiff should further be awarded post-judgment interest at the highest rate allowed by law but in no event less than ten percent (10%) interest until such time as Plaintiff recovers the moneys owed by Defendant as prayed for in Plaintiff's Petition? Request No. 29 Do you admit that Plaintiff should further be awarded pre-judgment interest at the highest rate allowed by law but in no event less than percent interest until such time as Plaintiff recovers the moneys owed by Defendant as prayed for in Plaintiff's Original Petition? Request No. 30 Do you admit that Defendant has never notified Plaintiff or Plaintiff's attorney in this case of any claim, complaint or defense that explains or attempts to excuse or justify the nonpayment of the moneys owed to Plaintiff by Defendant? Request No. 31 Do you admit that the computations made by Plaintiff for the moneys requested by Plaintiff in Plaintiff's Petition in this cause are true, complete, correct and accurate? Request No. 32 Do you admit that there are no facts upon which you rely as a basis for any defense in this request? Request No. 33 Do you admit that there is no agreement between Plaintiff and Defendant which would excuse the Defendant from paying the moneys prayed for in Plaintiff's Petition?

18 Request No. 34 Do you admit that on or about [Date], you signed the following instrument in favor of Plaintiff, [Name]? Request No. 35 Do you admit that the instruments were co-signed and guaranteed by? Request No. 36 Do you admit that the above Promissory Note and Security Agreement were for the following purposes: [state purposes]? Request No. 37 Do you admit that you placed the following as collateral to secure the Promissory Note:? Request No. 38 Do you admit that pursuant to the documents attached to Plaintiff's Petition the sum of $[Amount] is owed to Plaintiff, [Name], in monthly consecutive installments of $[Amount] per month commencing on [Date] and continuing thereafter until the net was paid in full? Request No. 39 Do you admit that the default on the Promissory Note referred to in Plaintiff's Petition occurred on [Date]? Request No. 40 Do you admit that you breached the agreement by failing to pay the monthly payments owed to pursuant to the terms of the Promissory Note attached in Plaintiff's Petition?

19 Request No. 41 Do you admit that as a result of your failure to pay the moneys referred to above, Plaintiff, accelerated the maturity of the debt owed by Defendants so that the total unpaid balance became due and payable as a consequence of your default and breach? Request No. 42 Do you admit that the unpaid balance of moneys owed by you to Plaintiff, that are past due are in the principal sum of $? Request No. 43 Do you admit that the interest owed on the Promissory Note referred to in Plaintiff's Petition is $[Amount],as of [Date]? Request No. 44 Do you admit that Plaintiff, [Name], has given Defendant credit for all just and lawful offsets, credits and payments in determining the moneys prayed for in Plaintiff's Original Petition and as stated above? Request No. 45 Do you admit that Plaintiff has made repeated demands for payment from Defendant, including but not limited to a demand letter dated and thereafter Defendants have continued, failed and refused to pay the moneys owed? Request No. 46 Do you admit that Plaintiff has been required to obtain legal counsel to prepare, file and prosecute its claim and that reasonable attorney fees in this matter are $? Request no.47 Do you admit that Defendants have no legal or equitable defense to the cause of action prayed for in Plaintiff's Original Petition and that the moneys prayed for are due and owing?

20 Request No. 48 Do you admit that the payments agreed to in the Exhibits in Plaintiff's Petition total $? Request No. 49 Do you admit that the term for the payments on the Promissory Note was months? Request No. 50 Do you admit that the monthly payment for the Promissory Note described above was $ per month? REQUESTS FOR PRODUCTION 1. Please produce any and all correspondence, communications, letters, notes of oral communications and all other documents or writings sent to or received from or exchanged by and between you and any other party or its officers, employees, or representatives joined in this lawsuit. 2. Produce any and all documents that you intend to introduce as evidence in the trial of the above entitled and numbered cause. 3. Produce any and all insurance agreements, binders or policies applicable to the case if such insurance policy exists. 4. Produce any and all settlement agreements, if any, that have been entered into in this case. 5. Produce a copy of any statements made, if any, that has been made in this cause. 6. Produce all facts known, mental impressions, opinions of experts which were required or developed in anticipation of litigation or in the course of this litigation.

21 7. Produce any and all documents, records, correspondence, contracts, and any other written or tangible evidence of any nature whatsoever relating to the subject matter of this action and the issues contained in your pleadings. 8. Produce to the undersigned all documents identified by you in your answers to the Movant's Interrogatories which were served concurrently herewith. 9. Produce any and all documents, exhibits, photographs, reports, physical or tangible objects that will be relied upon by you at the Motion for Summary Judgment Hearing or at trial of this cause that you intend to introduce as evidence in this cause or upon which testimony in this cause shall be based upon. 10. Produce each and every document upon which you rely in contesting this account which is the subject of this suit. 11. Produce each and every document summarizing or constituting payment on this account by Defendant. 12. Produce each and every documents which refers to, reflects, pertains to, or describes the ordering by Defendant of the goods or services which are the subject of this lawsuit. 13. Produce each and every document which refers to, reflects, pertains to, or describes any price quotation or prices agreed upon with respect to the goods or services which are the subject of this lawsuit. 14. Produce each and every document which refers to, reflects, pertains to, or describes the delivery and receipt of the goods or services which are the subject of this suit. 15. Produce each and every document, including ledgers, account statements, accounts payable or receivables, and any other document which refers to, reflects, describes or pertains to the invoices, receipts, payments of balances due on the account between Plaintiff and Defendant.

22 16. Produce each and every document which supports, refers to, relates to, describes or pertains to any credits, set-offs, re-coupments or counterclaims asserted by Defendant in this cause. CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing pleading or document has been served upon all attorneys of record and any parties who are not represented by an attorney on. Attorney for: Attorney s name: Attorney s address Type of Service: [Other attorney s client s name] [Other attorney s name] [Other attorney s address] U.S. Mail, Certified Return Receipt Request No.. U.S. Mail, First Class. Hand delivery by [name of delivery service]:. Facsimile transmission to [fax number] before 5 p.m. [Attorney s signature]