Standard Instructions and Definitions for Plaintiff's Written Discovery to Defendant

[Style of Case]

PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS, FIRST

SET OF INTERROGATORIES AND FIRST REQUESTS FOR

PRODUCTION OF DOCUMENTS PROPOUNDED TO

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

Pursuant to the [Federal/Texas] Rules of Civil Procedure, _____ (hereafter "Plaintiff") serves on you the following discovery.

INSTRUCTIONS

1. Requests for Admissions

   You must answer each Request for Admission separately. You must deliver a written response to these Requests for Admissions to opposing attorney after [fifty (50)/thirty (30)] days of service of same.

2. Interrogatories

   Answer the attached Interrogatories separately and accurately in writing and under oath. You must deliver an original, sworn and executed response to these Interrogatories to opposing attorney after [fifty (50)/thirty (30)] days after service of same.

3. Production Request

   You are reminded that your written response to this Request for Production 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 opposing attorney within the time prescribed by the [Federal/Texas] Rules of Civil Procedure.

   You are requested to produce for inspection and copying all documents or items subject to this Request for Production at opposing attorney’s offices, located at [address], after thirty (30) days of service of same for inspection and copying.

   USE NOTE: Under the Texas Rules of Civil Procedure you can request that the party responding to discovery produce copies in your office of all documents to be produced. The responding party must do so at its own expense. Therefore, use the immediately preceding paragraph for federal court only. For state court, use the following:

   Please produce legible copies of all documents responsive to the following requests for production at [defendent's] attorney's offices, located at [address], after 30 days of service of same.

   [federal court option:] In the alternative, opposing attorney would prefer that you mail copies of these documents to opposing attorney. Opposing attorney will pay _____ cents (_____¢) per copy and agrees to produce documents in the same manner and at the same cost to you. USE NOTE: This option is not necessary in state court because, under the Texas Rules, the producing party must produce copies at its own expense.

   If you contend that you may partially or entirely withhold a requested document or category of documents because of a rule, privilege, immunity, or other reason, for each document partially or entirely withheld, identify the document and state the factual basis on which you claim the privilege or immunity.

   [OPTION:]

   The request for production does not seek correspondence between you and your attorneys that concerns this lawsuit.

   ADDITIONAL INSTRUCTIONS

4. If any or all documents identified or requested herein are no longer in existence or no longer in your possession, custody, or control because of destruction, transfer, loss, or any other reason, then identify each and every such document.

5. 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.

   INSTRUCTIONS REGARDING ANY ALLEGED AMBIGUITY

6. 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 claim you do not understand the meaning of a term, please refer to the list of definitions or contact the opposing attorney for clarification.

   REQUEST FOR SUPPLEMENTATION

7. This discovery request is continuing. In the event that any information or material responsive to any interrogatory or request for production comes to your attention, possession, custody, or control, or the attention, possession, custody or control of your agents, employees, affiliates, subsidiaries, accountants, partners, officers, family members, directors, or attorneys subsequent to the filing of your response, you are required to furnish the additional information, answers, or material to the opposing attorney as soon as possible.

   DEFINITIONS

1. "Identify" or "name" means to provide the complete...