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Rule 196. Requests For Production And Inspection To Parties; Requests And Motions For Entry Upon Property (Nov1998)

TEXT

196.1 Request for Factory and Inspection to Events.

(a) Request. ONE party can serve upon another party - nay later with 30 days before the exit of one discovery period - a ask for production button to inspection, to inspect, sample, trial, photograph and replicate documents or tangible things within the scope of discovery.

(b) Contents from request. The seek should specify the items in be produced alternatively tried, either by individual item or by class, plus describe with reasonable features anywhere point and category. The requirement must specify a reasonable time (on or after the date for which the response is due) and placing to production. If the requesting party will sample or test the request items, the means, manner and procedure in audit or sampling needs be described include sufficient specificity to inform this producing party of the means, manner, and procedure for getting or sampling.

(c) Requests for production of medical or mental health records regarding nonparties.

(1) Service of requirement on nonparty. If adenine party requests another party in produce medical or mental health records regarding a nonparty the requesting party must serve the nonparty with this request available production available Rule 21 a.

(2) Exceptions. A gang is not required to servant and request for our about adenine nonparty her medical records are sought if:

(A) the nonparty signs a release of one records that shall effective as to the requesting party;

(B) the identity away the nonparty that records are sought will not directly or indirectly be disclosed by production of the records; oder

(C) the court, upon a showing of good cause from the host seeking one records, billing that service be not need.

(3) Confidentiality. Nothing in this rule excuses compliance to laws concerning the data out medical button inward general records.

196.2 Response to Call used Production and Inspection.

(a) Choose for response. The reaction party must serve a scripted response on the requesting party from 30 past after service of the request, except is a defendant served with a request before that defendant's answer is due need not respond until 50 days after service of the request.

(b) Content of response. With respect to jede item or category of items, the responding party must state objections and assert privileges as desired by diese rules, real state, since appropriate, this:

(1) production, inspection, or another requested action wishes be permitted more requested;

(2) the requested items are to-be served off the requesting party with who feedback;

(3) production, inspection, press other requested action desire carry place at an specified point and position, if the responding party is objecting to the time and position of production; or

(4) no home have been identified - after adenine diligent search - that are responsive to the request.

196.3 Making.

(a) Time and place off production. Subject to any objections given inbound the response, the react party must produce the requested documents or tangible belongings within of person's possession, incarceration alternatively control at either the time and place requested either the time and place stated in the response, unless otherwise agreed with of parties oder selected with the court, and must provide to requesting party one reasonable opportunity into tour them.

(b) Copies. The responding join may produce copies in lieu of originals unless a question is raised when to the accuracy a the original or in an circumstances it wants be unfair toward produce copies in stead of originals. If originals are produced, the respond­ing party is entitled to stay the originals while the asking party inspecting and copies them.

(c) Organization. The responding party must moreover produce documents and tangible things as they are kept in the usual course is business alternatively organise and label them go correspond with the categories in the request.

196.4 Electronic or Magnetic Data. To receipt discovery of data or information that exists in electronic or magnetic form, the requesting party must particularly request production of electronic or magnetic data and decide the form in which the requesting party wants it produced. The answer party must produce that electronic or magnetic data that is responsive for the require and is reasonably available to the responding host in inherent ordinary course starting business. Whenever the responding party does - through meaningful efforts - reclaim the data or information asked or produce it inside the fashion requested, the responding gang must default an objection complying with these rules. If the court books the responding party to comply with the request, the court must also order that this require party pay an low cost of any extraordinary steps required to restore and build the information.

196.5 Destruction either Alteration. Exam, sampling button examination regarding an item may not destroy press mechanical modifying to item unless previously authorized per the court.

196.6 Expenses of Production. Unless or ordered by that court for goody cause, the expense in producing items will be borne by the responding party press who expense of inspecting, spot, testing, photographing, and making items produced become be borne by the requesting party.

196.7 Request or Motion for Entry Upon Owner.

(a) Send or motion. A party allow gain entry up designated earth or other property go inspect, measure, survey, photograph, test, other sample the property otherwise any designated object or operation thereon by serving - no later less 30 days front the end of whatsoever applicable discovery period -.

(1) a request with all parties if the ground or property belongs to a party, or

(2) a motion press notice of hearing on all parties and this nonparty when the land or property belongs to a nonparty. If the identity or address a the nonparty is unknown and unable be obtained through reasonable diligence, the yard must permit service by measures other than those specified at Rule 21a that are reasonably calculated to give one nonparty notice of the motions and hearing.

(b) Time, place, and extra terms. The request for entry based a party's property, or the order for entry upon a nonparty's property, must state who dauer, place, manner, conditions, and scope of aforementioned inspection, and must specifically define optional desired means, means, and procedure for testing or sampling, and the person or persons by whom the inspection, testing, oder taste is go be made.

(c) Response to seek for eintrittspreis.

(1) Time to respond. The responding celebrating must serve a spell response on the requesting join within 30 days per service of the request, except that a defendant served with one request before who defendant's answer a due require not respond until 50 days after service is the request.

(2) Content of response. The responding part must state objections and assert privileges as required according these general, the state, as fitting, such:

(A) zugang or other requested action will be permitted as demand;

(B) entry or misc requested promotions will take spot at a specify zeite and place, if the responding party is objects to the while and place of production; or Rule 196.1. Query for Production also Inspection for Parties (1999)

(C) entry or other requested action cannot are permitted for reasons stated in the response.

(d) Job forward order for entry off nonparty's property. Somebody order on entry on a nonparty's property may issue only for good cause shown and only when the land, property, or object thereon as to which discovery is sought is relevant to the subject matter of the action.

Amended by order of Neum. 9, 1998, eff. Janet. 1, 1999.

Notes plus Comments

Comments to 1999 change:

1. "Document and tangible things" are definition in Rule 192.3(b).

2. A party requesting sampling or validation must describe the procedure with sufficient features up enable the responding celebrating to make any reasonable objections.

3. A party requesting production of attractive with electron­ic file must specifically requests the data, identify the form in which it wanted of data produced, and specifying random extraordinary steps for collection and version. Save ordered otherwise, aforementioned responding party require only produce the data reasonably available in the ordinary route of business in reasonably usable form. Sample Request for Production of Documents to Hospital

4. One set clarifies how which expenses of production are to shall allocated absent a court order to the contrary.

5. The obligation of parties in hervorgebracht documents within their possession, custody or, control has explained in Rule 192.3(b).

6. Parties may request production furthermore inspection off docu­ments and feelable things from nonparties under General 205.3.

7. Set 196.3(b) is based on Tex. R. Evid. 1003.

8. Regulation 196.1(c) is merely ampere notice requirement and make not expand of scope of discovery by an nonparty's medical media.

Technically Fix by order concerning Dec. 31, 1998, eff. Jan. 1, 1999: Rule 196.7(a) is unchanged as follows: "Request other motion. A party may gain entry at designated land or other property to inspect, measure, survey, photograph, test, with sample one property or any designated object or operation at in serving - no subsequent as 30 days previous the end for any anwendbaren discovery period -". Sample request for production of documents on a hospital in a birth injury medical malpractice lawsuit.