Plaintiff's standard "triple threat" discovery to defendant in employment cases in general

[Style of Case]

PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS,

FIRST SET OF INTERROGATORIES AND FIRST REQUESTS

FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT

TO: Defendant, _____, by and through its [attorney of record/registered agent] for service of process _____.

[INSERT STANDARD INSTRUCTIONS & DEFINITIONS FOR A PLAINTIFF: DIS016]

USE NOTE : A jury will relate better to discovery in the actual name of the Plaintiff and Defendant. Therefore, consider substituting the Plaintiff’s name for “Plaintiff” and the Defendant(s) name(s) for “Defendant” for most of the Requests for Admissions and Interrogatories.

USE NOTE: This set of discovery includes interrogatories regarding expert witnesses. Under Texas Rule of Procedure 195.1, a party can request information regarding a testifying expert only through a request for disclosure under Rule 194 or through depositions and reports. NOTE: This limitation does not prevent an interrogatory regarding consulting experts when the consulting expert’s mental impressions or opinions have been reviewed by a testifying expert. See Rule 195 cmt. 1.

REQUESTS FOR ADMISSIONS

ADMISSION NO. 1: Admit that _____ is an individual covered by [insert applicable statute, e.g., Title VII/the Age Discrimination In Employment Act/Section 1983].

RESPONSE:

ADMISSION NO. 2: Admit that you employ more than _____ employees.

RESPONSE:

ADMISSION NO. 3: Admit that at the time Plaintiff became [insert job title] [he/she] was _____ [years of age/a member of a protected class under Title VII/TCHRA].

RESPONSE:

ADMISSION NO. 4: Admit that when _____ interviewed Plaintiff, _____ asked Plaintiff _____.

RESPONSE:

ADMISSION NO. 5: Admit that at the time Plaintiff's employment relationship with you ended, Plaintiff had been employed by you for more than _____ years.

RESPONSE:

ADMISSION NO. 6: Admit that _____ demoted Plaintiff from _____ to _____ and that _____ replaced Plaintiff as _____.

RESPONSE:

ADMISSION NO. 7: Admit that Plaintiff was demoted from _____ to _____ because of [specify, e.g,.cash flow/financial] problems at _____.

RESPONSE:

ADMISSION NO. 8: Admit that Defendant removed Plaintiff from [his/her] position as _____ because of [specify, e.g., cash flow/financial] problems at _____.

RESPONSE:

ADMISSION NO. 9: Admit that _____ demoted Plaintiff from the position of _____.

RESPONSE:

ADMISSION NO. 10: Admit that while Plaintiff was employed by you, Plaintiff received _____ promotions.

RESPONSE:

ADMISSION NO. 11: Admit that while Plaintiff was employed by you, Plaintiff was consistently loyal, honest, and diligent.

RESPONSE:

ADMISSION NO. 12: Admit that while Plaintiff was employed by you, Plaintiff was extremely popular with _____'s clientele.

RESPONSE:

ADMISSION NO. 13: Admit that while Plaintiff was employed by you, Plaintiff was dependable, honest, and persevering.

RESPONSE:

ADMISSION NO. 14: Admit that in [month, year], _____ had an ownership interest in _____.

RESPONSE:

ADMISSION NO. 15: Admit that your gross sales in [year] exceeded $_____.

RESPONSE:

ADMISSION NO. 16: If you answered Request for Admission No. 15 with anything other than an unqualified admitted, admit that your gross sales in [year] exceeded $_____.

[Continue this line of requests in increments until you have covered the appropriate possible amounts of gross sales]

RESPONSE:

ADMISSION NO. 17: Admit that in the [specify, e.g., first three quarters] of [year], _____’s gross sales exceeded $_____.

RESPONSE:

ADMISSION NO. 18: If you answered Request for Admission No. 17 with anything other than an unqualified admitted, admit that _____’s gross sales in the [specify, e.g., first three quarters] of [year] exceeded $_____.

[Continue this line of requests in increments until you have covered the appropriate possible amounts of gross sales]

RESPONSE:

ADMISSION NO. 19: Admit that no written appraisals or performance reviews or other types of written evaluation of job performance were ever given to Plaintiff.

RESPONSE:

ADMISSION NO. 20: Admit that when Plaintiff worked for you, Plaintiff’s performance was above average.

RESPONSE:

ADMISSION NO. 21: Admit that when Plaintiff worked for you, you did not have a problem with Plaintiff’s personality.

RESPONSE:

ADMISSION NO. 22: Admit that when Plaintiff worked for you, you did not have a problem with Plaintiff’s appearance.

RESPONSE:

ADMISSION NO. 23: Admit that you had Plaintiff conduct training sessions to train your employees.

RESPONSE:

ADMISSION NO. 24: Admit that you have been sued in your correct name.

RESPONSE:

ADMISSION NO. 25: Admit that you have been sued in your correct capacity.

RESPONSE:

INTERROGATORIES

USE NOTE : The Texas Rules of Civil Procedure limit a party to two sets of 30 interrogatories. Additional interrogatories are listed so that you can choose those most appropriate for the first set in your case.

INTERROGATORY NO. 1: Identify the person or persons answering these Interrogatories or who contributed information used in answering these Interrogatories. If more than one person provided the answers or information, identify the specific Interrogatories answered by each person.

ANSWER:

INTERROGATORY NO. 2: With regard to any witness you may call as an expert witness at the trial of this lawsuit through live testimony or by deposition, identify the expert, and for each such expert, state the following:

a. The subject matter on which the expert is expected to testify;

b. The substance of the facts and opinions to which the expert is expected to testify; and

c. A summary of the grounds for each and every one of the expert’s opinions.

ANSWER:

INTERROGATORY NO. 3: Identify each expert used for consultation who is not expected to be called as a witness at trial (either through live or deposition testimony) if the expert's work product forms a basis, either in whole or in part, of any opinions of an expert identified in Interrogatory No. 2.

NOTE: This interrogatory includes any consulting expert who generated reports, calculations, or documents reviewed by any expert who may testify or who talked with any expert who may testify.

ANSWER:

INTERROGATORY NO. 4: If you have an insurance policy or contractual indemnity agreement which could or would respond, in whole or in part, to the claims of any party to this lawsuit, identify the name of each carrier, the limits of coverage for each carrier, and for each carrier, state whether the carrier has denied or admitted coverage or is defending under a non-waiver or reservation of rights.

ANSWER:

INTERROGATORY NO. 5: Identify all persons known to you, your associates, or your attorneys who have knowledge, directly or indirectly, of any facts relevant to why Plaintiff was fired, the incident, or this lawsuit and provide a brief statement of each identified person’s connection with the case. This interrogatory includes a request for every person having knowledge of any discoverable matter that might reasonably be calculated to lead to the discovery of admissible evidence. This interrogatory includes a request to identify all persons known to you, your associates, or your attorneys who claim to know how, when, or why Plaintiff was fired.

ANSWER:

INTERROGATORY NO. 6: Of the persons identified in your answers to Interrogatory No. 5, state which of these persons may be called upon to render a lay opinion of any kind at the trial of this case and, for each, describe in detail the substance of the subject matter upon which each may be called upon to render such an opinion.

ANSWER:

INTERROGATORY NO. 7: If any documents relevant to any aspect of or issues in this lawsuit have been lost, misplaced, or destroyed, identify fully each document and describe how it was lost, misplaced, or destroyed.

ANSWER:

INTERROGATORY NO. 8: If for any reason Plaintiff's [Petition/Complaint] incorrectly states your name, or if you have been sued under an incorrect name or in an incorrect capacity, or if an incorrect corporate entity has been sued, identify your correct name, your correct capacity, or the correct corporate entity.

ANSWER:

INTERROGATORY NO. 9: If you do business under another name or you have changed your name, or been sold, dissolved, purchased, merged or otherwise acquired by another entity, identify that entity, the surviving or successor entity and the other names under which you do business.

ANSWER:

INTERROGATORY NO. 10: Identify all statutes, codes, ordinances, rules, and regulations applicable to your treatment of Plaintiff.

ANSWER:

INTERROGATORY NO. 11: If you or your associates have ever talked to Plaintiff or Plaintiff's agents, servants, employees, friends, partners, or anyone in the employ of Plaintiff regarding the incident or the reasons why Plaintiff was [insert adverse action Defendant took against Plaintiff...