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

[Style of Case]

DEFENDANT'S FIRST REQUESTS FOR ADMISSIONS, FIRST

SET OF INTERROGATORIES AND FIRST REQUESTS FOR

PRODUCTION OF DOCUMENTS TO PLAINTIFF

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

Pursuant to the [Federal/Texas] Rules of Civil Procedure, _____ (hereafter "Defendant") 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 counsel for [Defendant] within thirty (30) days after 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 counsel for [Defendant] [not less than/within] 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 counsel for [Defendant] 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 [Defendant’s] attorney’s offices, located at [address], after thirty (30) days of service of same.

   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, counsel for [Defendant] would prefer that you mail copies of these documents to counsel’s office. Counsel 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...