State Court Discovery - Interrogatories - Texas

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

(Template – Texas State Court)

I. CAPTION & HEADER

Cause No.: [____________]

Discovery Control Plan Level: [____]

II. INTRODUCTORY RECITALS

Count and deadline control. Before service, enter the governing rule or order [CITATION], prior interrogatory count to this party [NUMBER], selected questions and discrete subparts [NUMBER], any court-approved variation [DETAILS], service date and method [DETAILS], and response date [DATE]. Under Tex. R. Civ. P. 197.2(a), the ordinary response period is 30 days after service, subject to its Family Code exception and any controlling order; Rule 21a(c) adds three days if service is by mail. Serve no later than 30 days before the discovery period ends under Rule 197.1.

Under Tex. R. Civ. P. 191.4(a)(1), serve these interrogatories on the responding party; do not file them as a routine court paper unless a rule exception or court order applies.

III. DEFINITIONS

For purposes of these Interrogatories:

1. “You,” “Your,” “Defendant,” or “Company” means [Defendant Name]. For a request about an entity's conduct or records, include only persons acting for it to the extent the information is reasonably available to the responding party; this definition does not override privilege or work-product protection.
2. “Plaintiff” means [Plaintiff Name] and any Person acting or purporting to act on Plaintiff’s behalf.
3. “Document” and “Documents” include relevant paper and electronic records within Tex. R. Civ. P. 192.3(b), subject to the scope and limits of discovery.
4. “Communication” means any oral or written utterance, correspondence, e-mail, text message, chat, meeting, or exchange of information, regardless of medium.

5. “Identify” or “Identification” when used with respect to:
   a. a Person—state full name, present or last known address and telephone number, and relationship to the parties;
   b. a Document—state title, date, author(s), recipient(s), general subject matter, and current custodian.

6. “Incident” refers to the facts, events, or transactions described in Plaintiff’s live pleading on file at the time these Interrogatories are served.

7. “Person” means any natural person, firm, corporation, partnership, association, governmental body, or other legal entity.

IV. GENERAL INSTRUCTIONS

A. Supplementation. Tex. R. Civ. P. 193.5 governs amendment and supplementation; this request imposes no separate continuing duty.

B. Responses and objections. Serve answers, objections, and privilege assertions as required by Rules 193.1–.3 and 197.2. An objection must state its legal or factual basis and the extent of noncompliance. Signatures follow Rule 191.3; sworn answers follow Rule 197.2(d), including its exceptions.

C. Privilege. Rule 193.3 governs withheld information and any requested description; its litigation-counsel exemption remains available. This form does not demand a privilege log beyond the rule.

D. Computation of interrogatories. Each discrete subpart counts separately. Excluding questions used only to identify or authenticate specific documents, the ordinary limits are:

• 15 in Level 1 (Tex. R. Civ. P. 190.2(b)(3)); for a Level 1 case, select no more than 15 from the examples below, counting subparts and prior interrogatories served on this defendant;
• 25 in Level 2 (Tex. R. Civ. P. 190.3(b)(3));
• As set forth in the court’s Level 3 order, with Level 1 or Level 2 limits applying unless specifically changed (Tex. R. Civ. P. 190.4).

V. INTERROGATORIES

Selection note: The 25 examples below exceed the Level 1 limit. Delete unused questions and count each discrete subpart before service.

1. Identify Persons with knowledge of relevant facts as defined in Tex. R. Civ. P. 192.3(c), with contact details and a brief statement of each person's connection to this case.

2. For each affirmative defense pleaded in your current live answer, state its legal theory and describe in general its factual basis. Do not marshal all proof.

3. State the total amount of damages you contend Plaintiff caused, itemizing the categories (e.g., lost profits, mitigation expenses) and explaining the methodology for each computation.

4. Identify all insurance agreements, including excess or umbrella policies, that may satisfy part or all of a judgment in this action, stating the insurer, policy number, policy limits, and coverage period.

5. Describe each Communication between Defendant and Plaintiff concerning the Incident, specifying the date, participants, and substance of each Communication.

6. Identify any lawsuit or arbitration within the past five (5) years involving the same transaction or event alleged in this Action, if relevant to a pleaded claim or defense, with its style, cause number, forum, and disposition.

7. Identify the non-privileged contracts or records on which you base your position about [SPECIFIC DISPUTED TRANSACTION OR EVENT]; exclude expert-discovery matters governed by Tex. R. Civ. P. 195.

8. Describe in detail the steps Defendant took to preserve Documents and ESI related to the Incident after becoming aware of potential litigation.

9. If you contend that Plaintiff was comparatively negligent, state the factual basis for that contention and indicate the percentage of fault you attribute to Plaintiff.

10. State the names, job titles, and responsibilities of all Persons presently employed by you who participated in the Incident or in any investigation thereof.

11. Identify all governmental or regulatory investigations concerning the Incident, including the agency, file number, dates of investigation, and outcome.

12. Describe any repairs, modifications, or corrective actions undertaken by Defendant as a result of the Incident, including dates and costs.

13. If you assert a limitation of liability or contractual cap on damages, identify the contract or provision relied upon and state the factual basis for enforceability.

14. Identify the existence and relevant terms of any settlement agreement concerning the transaction or event in this Action, within Tex. R. Civ. P. 192.3(g).

15. Identify all Persons responsible for drafting or approving any public statements or press releases concerning the Incident.

16. State whether Defendant maintains any social-media accounts relevant to the Incident; if so, identify the platform, account name, and custodian.

17. Identify the specific legal or factual contention on which you base your denial of [IDENTIFIED ALLEGATION] and describe its general factual basis; do not marshal all proof.

18. Identify and describe any electronic data retention or deletion policies in effect during the time period relevant to the Incident.

19. State the factual basis for any contention that the statute of limitations bars any of Plaintiff’s claims.

20. Identify all contracts, agreements, or purchase orders that relate in any way to the goods or services involved in the Incident.

21. State whether you contend that an identified third party contributed to the Incident, identify that party, and describe the general factual basis for that contention.

22. Identify each Person who prepared, supplied information for, or signed the answers to these Interrogatories.

23. Describe all formal or informal policies, procedures, or training materials applicable at the time of the Incident that are relevant to the allegations in this lawsuit.

24. State whether you contend Plaintiff failed to mitigate damages and describe the general factual basis for that contention; do not marshal all supporting evidence.

25. Identify all photographs, videos, or audio recordings relating to the Incident, stating the date created, creator, and present custodian.

VI. SIGNATURE OF PROPOUNDING COUNSEL

Respectfully submitted,

[LAW FIRM NAME]
[Address]
[Phone] | [Fax]
State Bar No. [___]

By: ______________________________
[ATTORNEY NAME]
ATTORNEY FOR PLAINTIFF

VII. CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document was served on all counsel of record in accordance with Rule 21a of the Texas Rules of Civil Procedure on this ___ day of __________, 20__.

____________________________________
[ATTORNEY NAME]

END OF DOCUMENT