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Texas Discovery Interrogatories from Plaintiff to Defendant with...

Arlington Texas Discovery Interrogatories from Plaintiff to Defendant with Production Requests

Category:

Family Law - Divorce - Discovery - Interrogatories

State:

Texas

City:

Arlington

Control #:

TX-021-D

Format:

Instant download

Description

This form, Discovery Interrogatories from Plaintiff to Defendant with Production Requests, is a sample form of interrogatories for the Plaintiff in a Divorce action to ask the Defendant. It also includes requests for production of documents. You should only use this form as a guide and delete questions not relevant to your case, as well as add questions you or your client want to ask the Defendant based upon the facts of your case. This form includes the Notice of Service of Interrogatories for filing with the court.

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How to fill out Texas Discovery Interrogatories From Plaintiff To Defendant With Production Requests?

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FAQ

Your response to a request for production consists of two parts: One part is a written response to the requests, in which you state under penalty of perjury that you will produce the requested items; that you will not produce and why; or that you object to a request on legal grounds.

There are basically six types of discovery in family court: 1) interrogatories; 2) requests for production of documents and inspection 3) requests for admissions; 4) depositions; 5) subpoenas duces tecum; 6) physical and mental examinations.

A party may gain entry on designated land or other property to inspect, measure, survey, photograph, test, or sample the property or any designated object or operation thereon by serving - no later than 30 days before the end of any applicable discovery period -.

Interrogatories, which are written questions about things that are relevant or important to the case. (NRCP 33; JCRCP 33) Requests for production of documents or things, which are written requests that demand the other side provide particular documents or items.

The definition of a discovery is something found, invented or uncovered. An example of a discovery is a species of deep sea crab that was just found.

Under Level 2 discovery, each side is only allowed 25 written interrogatories that ask for more than identifying information about a document. Additionally, the responding party may respond by telling the other side where the information can be found in public records instead of answering the question directly.

Rule 190.4. Discovery Control Plan - By Order (Level 3) (1999) (a) Application. The court must, on a party's motion, and may, on its own initiative, order that discovery be conducted in accordance with a discovery control plan tailored to the circumstances of the specific suit.

How To Write a Discovery Request for Production Have a Meet-and-Confer Session. The first step is to meet and confer with the other party.Determine the Evidence That You Need. The next step is to determine what type of evidence you need.Create a Request.Wait for a Response.

197.1 Interrogatories. A party may serve on another party - no later than 30 days before the end of the discovery period -written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195.

Any party may serve on any other party no more than 15 written requests for production. Each discrete subpart of a request for production is considered a separate request for production.

Interesting Questions

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Discovery Interrogatories from Plaintiff to Defendant with Production Requests

Note: This summary is not intended to be an all inclusive summary of discovery law in Texas, but does include basic and other information.

Definitions

Discovery:

A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.

Interrogatories:

Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.

Deposition:

A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.

Production of Documents:

The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions:

Written questions where you request the other party to admit or deny some relevant fact.

Objections:

Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules:

Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

Texas Rules of Civil Procedure

Texas has adopted the Texas Rules of Practice in District and County Courts. These rules apply in divorce proceedings.

Discovery

Pretrial Conference:

In an appropriate action, to assist in the disposition of the case without undue expense or burden to the parties, the court may in its discretion direct the attorneys for the parties and the parties or their duly authorized agents to appear before it for a conference. Rule 166

Discovery Conference:

Permissible forms of discovery are (a) oral or written depositions of any party or non-party, (b) written interrogatories to a party, (c) requests of a party for admission of facts and the genuineness or identity of documents or things, (d) requests and motions for production, examination, and copying of documents or other tangible materials, (e) requests and motions for entry upon and examination of real property and (f) motions for a mental or physical examination of a party or person under the legal control of a party. Rule 166b

Scope of Discovery:

Parties may obtain discovery regarding any matter which is relevant to the subject matter in the pending action whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party. Rule 166b(2)(a)

Documents and Tangible Things:

A party may obtain discovery of the existence, description, nature, custody, condition, location and contents of any and all documents, (including papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape recordings, and any other data compilations from which information can be obtained and translated, if necessary, by the person from whom production is sought, into reasonably usable form) and any other tangible things which constitute or contain matters relevant to the subject matter in the action. Rule 166b(2)(b)

Experts and Reports of Experts:

A party may obtain discovery of the identity and location (name, address and telephone number) of an expert who may be called as an expert witness, the subject matter on which the witness is expected to testify, the mental impressions and opinions held by the expert and the facts known to the expert (regardless of when the factual information was acquired) which relate to or form the basis of the mental impressions and opinions held by the expert. Rule 166b(2)(e)(1)

Medical Records; Medical Authorization:

Any party alleging physical or mental injury and damages arising from the occurrence which is the subject of the case shall be required, upon written request, to produce, or furnish an authorization permitting the full disclosure of, medical records not theretofore furnished to the requesting party which are reasonably related to the injury or damages asserted. Rule 166b(2)(h)

Duty to Supplement:

A party who has responded to a request for discovery that was correct and complete when made is under no duty to supplement his response to include information thereafter acquired, except the following shall be supplemented not less than thirty days prior to the beginning of trial unless the court finds that a good cause exists for permitting or requiring later supplementation. Rule 166b(6)

Stipulations:

Unless the court orders otherwise, the parties may by written agreement (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other deposition, and (2) modify the procedures provided by these rules for other methods of discovery. An agreement affecting a deposition upon oral examination is enforceable if the agreement is recorded in the deposition transcript. Rule 166(c)

Production

Any party may serve on any other party a request to produce and permit the party making the request, or someone acting on his behalf, to inspect, sample, test, photograph and/or copy, any designated documents or tangible things which constitute or contain matters within the scope of Rule 166b which are in the possession, custody or control of the party upon whom the request is served. Rule 167(a)

Physical and Mental Examination of Persons

When the mental or physical condition (including the blood group) of a party, or of a person in the custody, conservatorship or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or psychologist or to produce for examination the person in his custody, conservatorship or legal control. Rule 167(a)

Interrogatories to Parties

Any party may serve upon any other party written interrogatories to be answered by the party served, or, if the party served is a public or private corporation or a partnership or association, or governmental agency, by an officer or agent who shall furnish such information as is available to the party. The number of questions including subsections in a set of interrogatories shall be limited so as not to require more than thirty answers. No more than two sets of interrogatories may be served by a party to any other party, except by agreement or as may be permitted by the court after hearing upon a showing of good cause. Rule 168

Requests for Admission

At any time after commencement of the action, a party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 166b set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Rule 169

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Discovery Interrogatories from Plaintiff to Defendant with Production Requests

Note: This summary is not intended to be an all inclusive summary of discovery law in Texas, but does include basic and other information.

Definitions

Discovery:

Interrogatories:

Deposition:

Production of Documents:

The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions:

Written questions where you request the other party to admit or deny some relevant fact.

Objections:

Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules:

Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

Texas Rules of Civil Procedure

Texas has adopted the Texas Rules of Practice in District and County Courts. These rules apply in divorce proceedings.

Discovery

Pretrial Conference:

Discovery Conference:

Scope of Discovery:

Documents and Tangible Things:

Experts and Reports of Experts:

Medical Records; Medical Authorization:

Duty to Supplement:

Stipulations:

Production

Physical and Mental Examination of Persons

Interrogatories to Parties

Requests for Admission

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Arlington Texas Discovery Interrogatories from Plaintiff to Defendant with Production Requests

Description

Related forms

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How to fill out Texas Discovery Interrogatories From Plaintiff To Defendant With Production Requests?

Form popularity

FAQ

How do you respond to a request for production?

What are the five most important forms of discovery?

What is Rule 196 of the Texas Rules of Civil Procedure?

What is the difference between interrogatories and request for production?

What is a discovery example?

What does Level 2 of Rule 190 of the Texas Rules of Civil Procedure mean?

What is level 3 of Rule 190 of the Texas Rules of Civil Procedure?

How do you write a discovery demand?

When can interrogatories be served in Texas?

How many requests for production are allowed in Texas?

Interesting Questions

1. Please state your full name and current address.

2. Have you ever visited Arlington Discovery? If yes, when and how many times?

3. Did you engage in any activities or interact with any exhibits at Arlington Discovery during your visits? If yes, please describe in detail.

4. Were there any incidents or accidents that occurred while you were at Arlington Discovery? If yes, please provide a detailed account of each incident.

5. Did you make any complaints or provide feedback to the staff at Arlington Discovery during your visits? If yes, please provide details.

6. Do you currently have any physical or mental conditions that would affect your ability to recall details about your visits to Arlington Discovery?

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Arlington Texas Discovery Interrogatories from Plaintiff to Defendant with Production Requests

Description

Related forms

Viewed forms

How to fill out Texas Discovery Interrogatories From Plaintiff To Defendant With Production Requests?

Form popularity

FAQ

How do you respond to a request for production?

What are the five most important forms of discovery?

What is Rule 196 of the Texas Rules of Civil Procedure?

What is the difference between interrogatories and request for production?

What is a discovery example?

What does Level 2 of Rule 190 of the Texas Rules of Civil Procedure mean?

What is level 3 of Rule 190 of the Texas Rules of Civil Procedure?

How do you write a discovery demand?

When can interrogatories be served in Texas?

How many requests for production are allowed in Texas?