FORM 10 DEFENDANT'S REQUESTS FOR PRODUCTION—STATE COURT [CASE STYLE]

• Jurisdiction: United States

FORM 10 DEFENDANT'S REQUESTS FOR PRODUCTION—STATE COURT [Case Style] DEFENDANT [NAME]'S FIRST SET OF REQUESTS FOR PRODUCTION TO PLAINTIFF [NAME]

TO: [PLAINTIFF], by and through its attorneys of record, [PLAINTIFF'S COUNSEL/ADDRESS]

Pursuant to Rules 192.3 and 196 of the Texas Rules of Civil Procedure, Defendant [NAME] ("[NAME]" or "Defendant") hereby requests that Plaintiff [NAME] ("[NAME] or "Plaintiff") produce for inspection and copying all documents responsive to the following individual requests (collectively, the "Requests").

I. INSTRUCTIONS

The following instructions apply to the Requests and are deemed to be incorporated in each of them:

1. You are reminded that your written response to the Requests shall state, with respect to each category of items, that inspection and other requested action will be permitted as requested, except to the extent that you object in writing to particular items or categories. Your written responses and/or objections shall be served on counsel for Defendants.

2. Please produce legible copies of documents responsive to the Requests at the offices of counsel for [DEFENDANT], [COUNSEL'S ADDRESS] within thirty (30) days of service of the Requests.

3. In producing documents and other materials, you are requested to furnish all documents or things in your possession, custody or control, regardless of whether such documents or materials are possessed by you or any present or former parents, subsidiaries, divisions, subdivisions, or affiliated entity, including all officers, employees, agents or legal counsel; or by any other Person acting for or on behalf of any of you or them.

4. In producing documents, you are requested to produce the original of each document requested together with all non-identical copies and drafts of that document. If the original of any document cannot be located, a copy shall be provided in lieu thereof, and shall be legible and bound or stapled in the same manner as the original. In any circumstance in which an agreement is reached to allow the production of copies of documents rather than originals, you shall retain all of the original documents for inspection or copying throughout the pendency of this case, any appeal(s), and any related proceedings.

5. Any alteration of a responsive document, including any marginal notes, handwritten notes, underlining, date stamps, received stamps, endorsed or filed stamps, drafts, revisions, modifications and other versions of a document is a responsive document in its own right and must be produced.

6. The terms defined above and used in each of the Requests should be construed broadly to the fullest extent of their meaning in a good faith effort to comply with the Federal Rules of Civil Procedure.

7. The terms "all" and "each" shall be construed as "all and each." In addition, the term "any" means "all and each."

8. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of each of the Requests all responses that might otherwise be construed to be outside of their scope.

9. The term "including" shall be construed...