Oral and video deposition duces tecum propounded to defendant for employment cases in general

[Style of Case]

NOTICE OF ORAL AND VIDEO DEPOSITION DUCES TECUM

OF DEFENDANT [INSERT NAME]

[OPTION:] OF THE CORPORATE REPRESENTATIVE OF DEFENDANT

TO: Defendant, _____, by and through _____’s attorney of record, _______________________________________________________________________.

PLEASE TAKE NOTICE that Plaintiff _____ will take the oral deposition of Defendant _____ /the person(s) whom Defendant _____ designates as its corporate representative, beginning at ____ __.m. on [day], [date], and continuing day to day until the deposition is completed. The deposition will be taken at the offices of _____ in front of a certified shorthand reporter and videographer. Pursuant to [Rule 199.2 (b) of the Texas Rules of Civil Procedure/Rule 30 (b)(5) of the Federal Rules of Civil Procedure], this notice also serves as a request for production of documents and things. [OPTION:] Plaintiff _____ will examine the corporate representative on the following matters: [identify matters]. The witness is requested to produce at or before the scheduled deposition all documents specified in Exhibits "A" and "B" which are attached hereto and made a part hereof.

USE NOTE: Under the new Texas Rules of Civil Procedure, a request for documents accompyaning a deposition notice that is propounded to a party must give the party 30-days notice (similar to a standard Request for Production of Documents). If the witness is a nonparty, he must receive 10-days notice (Rule 205.2) and the production of documents must occur no later than 30 days before the end of any applicable discovery period (Rule 205.3(a)).

INSTRUCTIONS

1. Identify any or all documents requested herein that are no longer in existence or no longer in your possession, custody, or control because of destruction, loss, or any other reason.

2. Pursuant to the supplementation requirement under the Rules of Procedure, you are hereby requested to update your answers regarding all complaints, lawsuits, settlements, information, documents, etc., that arise or are created or come to your attention during the pendency of this lawsuit.

3. To avoid ambiguity, significant effort has been spent to define a number of terms used in the following discovery requests. If you or your attorney do not understand the meaning of a term, please refer to the list of definitions or contact the opposing attorney for clarification.

   DEFINITIONS

   The definitions listed below are to be construed as broadly as possible to include the most information or documents responsive to the discovery requests propounded herein.

1. "Identify" or "name" means to provide the complete identity, to the extent known or ascertainable by you or your attorneys, agents, directors, officers, employees, partners, subsidiaries and affiliates and includes, without limitation, a request for the following information:

   a. Where the term to be identified is a person, the person's full name, present or last known address and telephone number, and present or last known employer;

   b. Where the term to be identified is a document, its character or title, and the author and/or signatory;

   c. Where the item to be identified is a statement, the exact language or nature of the statement, and the person who made the statement, and the date the statement was made; and

   d. Where the information to be identified is a lawsuit, the name of the lawsuit and the court where it was filed.

2. "Documents" is used in the broadest sense of that term and includes the original and all non-identical copies, whether different from the original by reason of notations made on such copies or otherwise, and all drafts of: letters, telegrams, memoranda, reports of telephone conversations, ledgers, journals, invoices, bills, sales orders, call reports, financial and business records, receipts, contracts, reports, studies, calendar entries, diary entries, maps, pamphlets, notes, charts, forms, tabulations, analyses, statistical or informational accumulations, summaries or abstracts, any kind of records of meetings or conversations, firm impressions, sound or mechanical reproductions, rules, regulations, opinions, orders, interpretations, exceptions, position papers, guidelines, publications, instructions, transparencies, handbooks, manuals, operating procedures, appointment calendars, call slips, file jackets, course materials, training materials, minutes, testimony, photographs, videotapes, films, press releases, speeches, surveys, graphs, statistics, tables, printed or typewritten forms (whether of visits, telephone calls, or otherwise), indices, agreements, canceled checks, correspondence, memos, data on computer storage, data on computer disks, data stored on computer backup, telephone message slips, sketches, notes of conversations, and all other written, printed, typed or other reported matter (including electronic or magnetic recordings), photographs, or other data compilations in which information can be obtained, which are in the possession, custody, or control of you, your attorneys, agents, physicians, directors, officers, partners, affiliates, subsidiaries, servants, or employees.

   USE NOTE: If propounded under Texas Rules:

   Propounding party hereby specifically requests production of the following electronic and/or magnetic data in the following forms: [specify types of electronic/magnetic data and forms in which you want it produced (see Rule 196.4)].

3. "Opposing attorney" means _____.

4. "Or" and "and" mean and/or.

5. The singular includes the plural, and the plural the singular, whenever the effect of doing so is to increase the information responsive to the request for information.

6. The "Rules of Civil Procedure" means the [Texas/Federal] Rules of Civil Procedure.

7. "_____," "you," "your," "yours," and "yourself," mean _____.

8. “Plaintiff” means _____.

9. “Defendant” means _____. "

10. "Employer" or "Defendant" means _____.

11. "This lawsuit" means the lawsuit filed in the _____ [Judicial District Court of _____ County, Texas, Cause No. _____ /United States District Court for the _____ District of Texas, Civil Action No. _____ ], styled _____.

12. The "incident" means the facts and circumstances concerning _____.

13. "Propounding Party" or "_____" means _____.

14. The "last _____ years to the present" means the number of years specified in the discovery request preceding the service of this discovery through the present.

15. “Through the time of trial” means from the number of years...