Standard responses, objections and answers to request for production of documents for defendants and plaintiffs under texas rules of civil procedure

[Style of Case]

_____'S RESPONSES AND OBJECTIONS TO

_____'S REQUEST FOR PRODUCTION

TO: _____, by and through his/her/its attorney of record, _____.

_____ files these Responses and Objections to _____’s [First, Second, etc.] Request for Production:

USE NOTE: General objections are disfavored by most Texas state courts. If you wish to plead general objections, they are listed them below. Further, assertions of privileges must satisfy Texas Rule of Civil Procedure 193.3.

USE NOTE: Although this form is drafted for use in state court in Texas, with minor modifications, these objections can be used in state court and other jurisdictions, as well as in federal court. At the very least, it is a handy checklist for potential objections in federal and state courts outside of Texas.

DEFINITIONS

1. "Propounding party," "you," and "your" mean _____.

2. "Respondent" means _____.

3. "Your attorney" means _____.

4. "Respondent’s attorney" means _____.

5. "Rule" or "Rules" means the [Texas/Federal] Rules of Civil Procedure.

6. "R.C.E." means the [Texas/Federal] Rules of Civil Evidence.

7. "This lawsuit" means Cause Number _____, referenced more particularly in the style above.

8. "The incident" means _____.

9. "Information" means knowledge, facts, information, and/or documents.

   USE NOTE: When producing documents, do so in light of Rule 193.7, which provides that production of documents authenticates them for use against the producing party unless said party objects to the document’s authenticity.

   GENERAL OBJECTIONS TO REQUESTS FOR PRODUCTION

1. Respondent objects to responding to any interrogatory seeking information or documents covered by the attorney work product privilege as violating Rule 192.5(a).

   USE NOTE: Party communication privilege is now subsumed in the attorney work product privilege.

   USE NOTE: Rule 193.3(c) allows a party to withhold privileged communications or documents under certain circumstances without advising the propounding party that information is being withheld and the privilege asserted as required under 193.3(a).

2. Respondent objects to responding to any interrogatory seeking information or documents prepared by Respondent in anticipation of litigation and covered by the investigative privilege as violating Rule 192.5(a)

   Subject to the foregoing general objection, without waiving same: Respondent will produce Respondent’s investigation file that existed prior to the date:

   (a) Respondent had reason to anticipate this litigation;

   (b) This case was assigned to Respondent’s attorneys; and/or

   (c) Respondent received a letter from you or your attorney presenting the claims you are making in this lawsuit.

3. Respondent objects to any interrogatory seeking information or documents covered by the attorney/client communication privilege as violating Rule 192.3 and R.E. 503(b).

4. Respondent objects to any interrogatory seeking information or documents covered by the consulting expert exception as violating Rule 192.3(e).

   AVAILABLE FOR IN CAMERA INSPECTION

   As noted more specifically herein, Respondent objects to producing certain documents on various grounds including, but not limited to, various privileges. Respondent is prepared to produce any documents in Respondent attorney's possession for an in camera court inspection, should the Court give notice prior to a hearing that it requests same.

   OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS

1. Respondent objects to propounding party's definitions and instructions to the extent they purport to place duties and requirements on Respondent that exceed those required by the Rules in violation of Rule 192.3(a).

2. Respondent objects to the definition of "document" on the grounds that it is overly broad and exceeds the permissible scope of discovery permitted by the Rules in violation of Rule 192.3. Respondent further objects to the extent the definition seeks documents and information that are irrelevant to any material issue in this lawsuit in violation of Rule 192.3.

3. Respondent objects to the definition of "identify" and "identifying" on the grounds that it is overly broad and exceeds the permissible scope of discovery permitted by the Rules in violation of Rule 192.3(b).

   USE NOTE: Rule 192.3(b) allows the discovery of the existence, description, nature, custody, condition, location, and contents of documents and tangible things.

4. Respondent objects to the definition of _____ on the grounds that it is overly broad and exceeds the permissible scope of discovery permitted by the Rules in violation of Rule 192.3.

5. Respondent objects to [instruction/definition] number _____ on the grounds that it is overly broad and exceeds the permissible scope of discovery permitted by the Rules in violation of Rule 192.3.

6. Respondent objects to [instruction/definition] number _____ as not required by the Rules.

   (a) Objection. Beyond the scope permitted or required by the Rules in violation of Rule 192.3.

   (b) Objection. Unduly burdensome and unnecessarily expensive in violation of Rules 192.3 and 192.6. Producing these documents would create an undue hardship on Respondent because the cost and expense of responding to this [instruction/definition] would be significant.

7. Respondent objects to [instruction/definition] number _____ as not required by the Rules.

   Objection. Beyond the scope permitted or required by the Rules in violation of Rules 192.3.

   Objection. Improper because "_____" is not in a question format as required by the Rules.

   Objection. [Instruction/definition] number _____ does not adequately describe whatdocuments are requested.

   Objection. Overly broad and global, not properly limited in time, scope and relation to thefacts at issue in this lawsuit in violation of Rule 192.3.

8. Objection to [instruction/definition] number _____. Overly broad and global, not properly limited in time, scope and relation to the facts at issue in this lawsuit in violation of Rule 192.3.

   SPECIFIC OBJECTIONS AND RESPONSES TO DOCUMENTS REQUESTED

1. Attorney/Client

   USE NOTE: Rule 193.3(c) allows a party to withhold privileged communications or documents under certain circumstances without advising the propounding party that information is being withheld and the privilege asserted as required under 193.3(a).

   Objection. Impermissibly inquires into information protected by the attorney/client communication privilege in violation of Rule 192.3 and R.E. 503(b).

   Pursuant to Rule 193.3, Respondent states that information or material responsive to this interrogatory has been withheld as it is protected by this privilege.

2. Argumentative and Assumes Facts

   Objection. Argumentative and assumes fact not in evidence and/or disputed facts in violation of Rule 192.3.

   Subject to this objection and without waiving same, at this time, Respondent states generally:

3. Attorneys’ Fees

   Objection. Respondent objects to stating the type of agreement that Respondent has with Respondent’s attorney concerning attorneys’ fees as...