[PLAINTIFF(S)] , vs.
Plaintiff,
[DEFENDANT(S)] ,
Defendants.
CAUSE NO.
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[CAUSE NO.]
IN THE DISTRICT COURT OF
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________ COUNTY, TEXAS
_____ JUDICIAL DISTRICT
[REQUESTING PARTY(IES)]'S REQUEST FOR PRODUCTION
OF DOCUMENTS TO [RESPONDING PARTY(IES)]
TO: [RESPONDING PARTY(IES)] , by and through its counsel of record, [RESPONDING
ATTORNEY(S)] .
Pursuant to Rule 196 of the Texas Rules of Civil Procedure, [REQUESTING
ATTORNEY(S)] request you to produce for inspection and copying if desired the information, documents, and things described below within thirty (30) days after the date of service hereof.
All documents and things to be produced hereunder shall be produced on or before
[RESPONSE DATE] , at [RESPONSE PLACE] , and shall consist of original documents, files and things, in their present condition and as they are kept in the ordinary course of business, or, in the case of computer records, hard disk drives, or diskettes, you may furnish access during reasonable and normal business hours to allow duplication by [REQUESTING
ATTORNEY(S)] and/or agents thereof, and labeled to identify the specific request to which they pertain.
I.
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DEFINITIONS AND INSTRUCTIONS
The terms used herein are to be given their most expansive and inclusive 1. interpretation unless otherwise specifically limited in the request itself. This includes, without limitation, the following:
(a) construing "and" and "or" in the disjunctive or conjunctive as necessary to make the request more inclusive;
(b) construing the singular form of a word to include the plural and the plural to include the singular;
(c) construing the term "relationship" to include any connection between the persons or entities identified or described, including contractual, quasi-contractual, marital, familial, fiduciary, official or otherwise, in any manner relating to the activities of any such person or entity.
2. The words "you" and "your", as used herein, shall refer to [RESPONDING
PARTY(IES)] , which shall include all officers, directors, shareholders, agents, independent contractors, accountants, attorneys, representatives, spouses, and employees thereof.
3. The term [REQUESTING PARTY(IES)] , as used herein, shall include all officers, directors, shareholders, agents, independent contractors, accountants, attorneys, representatives, spouses, and employees thereof.
4. "Your possession, custody, or control" shall include all documents and things in the possession or custody of your attorneys, accountants, independent contractors, agents, investigators, consultants, advisors, or employees of your attorneys, you or any of your agents, investigators, advisors, or employees, and any other person acting on your behalf.
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5. The terms "document(s)" or "documentary evidence", as used herein, shall be deemed to include any and all documents, things, or information (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), specifically including but not limited to information kept or stored in any fashion whatsoever on computer hard drives, diskettes, tapes, or other storage devices, and any other tangible or intangible things which constitute or contain matters relevant to the subject matter herein, including but not limited to computer hard drives, diskettes, tapes, or other storage devices, emails, instant messages, other electronic communication, data from Outlook files or any similar program, letters, memoranda, notes, telephone messages, notes of or relating to telephone communications, diaries, calendars, minutes, notes or records of meetings, minutes, notes, or records of conferences, lists of persons attending meetings or conferences, reports and/or summaries of interviews, reports and/or summaries of investigations, opinions, reports and/or summaries of negotiations, brochures, pamphlets, advertisements, schedules, organizational charts, circulars, press releases, mailing lists, ledgers, journals, books of account, financial statements, articles of incorporation, resolutions, by-laws, trust instruments, stock certificates, backups of any of the aforementioned items (including but not limited to mirror drives, removable hard drives, thumb, flash, or zip drives, tape backups, backup diskettes, compressed backups, or the like), drafts of any of the aforementioned documents, revisions of drafts of any documents, and original preliminary notes concerning drafts of any documents as defined herein. “Documents” also includes all images or other versions of documents being retained either onsite or offsite at any location through a
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system for enterprise content management, including but not limited to storage and indexing and retrieval of imaged documents. The terms "document(s)" or "documentary evidence" mean both the originals and non-identical copies thereof.
6. The term "things" shall include all tangible items or other evidence, or intangible information kept or stored on tangible things or devices, including but not limited to computer hard drives, diskettes, tapes, or other storage devices, and backups of information, including but not limited to tape backups, backup diskettes, compressed backups, or the like.
7. The term "person" means natural persons, corporations, partnerships, associations, joint ventures, and all other incorporated or unincorporated governmental, public, social or legal entities. A reference to any person shall include, where applicable, its division, subdivisions, controlling persons, officers, employees, agents or other persons acting or purporting to act on its behalf or under color of its authority.
8. The term "communication(s)" means any contact or act by which any information is transmitted or conveyed between two or more persons, and shall include, without limitation, written contact by such means as letters, memoranda, facsimile transmissions, "e-mail" or other electronic transmissions of information or communications, telegrams, telexes, or by any document, and any oral contact by such means as face to face meetings or conversations and telephone or electronically transmitted conversations.
9. The term "identify" with respect to documents means to describe the document or documents by date, subject matter, name(s) of person who wrote, signed, initiated, dictated or otherwise participated in the creation of same, including the name(s) and addresses of all persons in possession, custody or control of said document or documents, and state the full contents
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thereof. In lieu of providing all such information, you may attach true, correct, and complete copies of all such documents to your responses, if you specifically identify the request and any subpart thereof to which each relates. With respect to those documents which have already been produced by you, you may identify them by Bates number. If any such document was, but is no longer in your possession, custody or control, or in existence, state the type of document, its contents, the date and the manner of its disposition as well as the identity of any person(s) authorizing its disposition or destruction.
10. "Identify" when used in reference to a document you claim is privileged, and therefore refuse to produce, means to state: the type of document, e.g., letter, memorandum, chart, photograph, report, etc.; the date of such document; its author(s) and the author's position and present location; the identity, location, and title of each person whom you have any reason to believe was sent a copy of the privileged document or has otherwise had access to and/or viewed it; the specific request and subpart thereof to which the document relates; and if the document relates in any way to a meeting or other conversation or communication, the identity of all participants in and witnesses to the meeting, etc. Finally, state the basis for the privilege, the identity of the person or entity asserting the privilege and the exact privilege(s) claimed.
11. These requests are intended to cover all information in your possession, custody or control, including but not limited to all information the possession, custody or control of any and all of your agents, representatives and employees, or any person or entity acting on their behalf.
12. These requests are continuing in nature, and to the extent required by the Federal
Rules of Civil Procedure and applicable case law, require supplemental responses in the event
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that you or your attorney become aware of further information between the time your answers are filed and the time of trial of this cause.
13. The relevant time period is from [TIME PERIOD BEGIN] , up to and including the present date, unless stated otherwise.
II.
DOCUMENTS AND THINGS TO BE PRODUCED
All documents identified and described in [REQUESTING PARTY(IES)] First 1.
Set of Interrogatories to [RESPONDING PARTY(IES)] , being served concurrently herewith, and your responses thereto.
2. All documents relevant to the subject matter involved in this pending action.
3. All documents reflecting, referring or relating to any and all communications and/or dealings with [REQUESTING ATTORNEY(S)] herein.
4. All documents reflecting, referring or relating to any opinions of experts or potential experts in this case.
5. All documents reflecting, referring or relating to any information obtained, or statements from any persons having knowledge of facts relevant to this case, specifically including but not limited to all statements of witness or potential witnesses.
6. All documents relating to communications with your proposed expert witnesses concerning the subject matter of their testimony, the substance of the facts and opinions to which such experts are expected to testify, and any summaries of the grounds of their opinions.
7.
8.
All documents reviewed by consulting or testifying experts.
All documents which were utilized by testifying experts in formulating their
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opinions.
9. All correspondence and communications with testifying experts, and all documents, photographs, and information transmitted to them.
10. The entire original file of each testifying expert.
11. Any and all witness statements you have given or received copies of relating in any way whatsoever to this suit.
12. All documents reflecting, referring or relating to all arrangements or understandings which you have with your proposed experts to provide them with compensation for the rendering of their expert testimony and advice.
13. All documents reflecting, referring to, relating to, or supporting the allegations contained in your Complaint/Answer, and the facts relating thereto, including all such matters pled up to now or which may be pled in any future amended or supplemental pleading, alleging
[insert specific allegations of opposing party concerning your client] .
14. All documents consisting of or relating to correspondence or communications between you and [list various parties or other persons who may have been communicated with concerning facts at issue] relating to [list various events or circumstances which are significant subjects of discovery] , including but not limited to letters, memoranda, facsimile transmissions, "e-mail" or other electronic transmissions of information or communications, telegrams, telexes, or any other form of document.
15. All software manuals, operating manuals or handbooks, or other documents describing the operations of any software programs or computer accessories by which you perform any of the following tasks:
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a. Reception, collection, transmission, and/or storage of "e-mail" or other electronic mail messages, facsimile transmissions, and internal memoranda or communications; b. Maintenance of records relating to long distance, cellular, or other telephone usage, which records the date, time, length, number or person calling, number or person called, or any other similar information;
[ FOLLOWING ARE SOME EXAMPLES OF HOW
THIS REQUEST SHOULD BE CUSTOMIZED
] c. Maintenance of records relating to sales calls, or calls upon prospects for business, relating to sales of your products; d. Timekeeping records for billing of professional services, consulting services, technical support, or other records kept or maintained which records the time spent by you or your employees or agents; and/or e. Financial or accounting records relating to income and expenses of your business, specifically including but not limited to any of your sales during the relevant time period in the sales territory assigned to [REQUESTING
PARTY(IES)] .
DATED this [REQUEST DATE] .
[REQUESTING ATTORNEY(S)]
ATTORNEYS FOR [REQUESTING PARTY(IES)]
CERTIFICATE OF SERVICE
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The undersigned hereby certifies that true and correct copies of the above and foregoing instrument were served, pursuant to the Texas Rules of Civil Procedure, upon all counsel of record, on this [REQUEST DATE] .
______________________________
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