State Court Discovery - Interrogatories

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

(Template – Texas State Court)

I. CAPTION & HEADER

CAUSE NO... [___]

[PLAINTIFF NAME],
     Plaintiff,

v.                                                        IN THE ___ JUDICIAL DISTRICT COURT
                                                         OF __________ COUNTY, TEXAS

[DEFENDANT NAME],
     Defendant.                                           (Discovery Control Plan Level ___)

II. INTRODUCTORY RECITALS

COMES NOW [Plaintiff Name] (“Plaintiff”) and, pursuant to Texas Rules of Civil Procedure 190, 192, 193, and 197, propounds the following Interrogatories to [Defendant Name] (“Defendant”). Unless otherwise agreed or ordered, each interrogatory must be answered separately and fully in writing under oath within 30 days after service (or 50 days if served with the original petition). Tex. R. Civ. P. 197.2(a).

III. DEFINITIONS

For purposes of these Interrogatories:

1. “You,” “Your,” “Defendant,” or “Company” means [Defendant Name], all present and former agents, employees, officers, directors, partners, affiliates, attorneys, and any other Person acting or purporting to act on Defendant’s behalf.
2. “Plaintiff” means [Plaintiff Name] and any Person acting or purporting to act on Plaintiff’s behalf.
3. “Document” and “Documents” have the broadest meaning allowed under Tex. R. Civ. P. 192.3 & 192.7, including electronically stored information (“ESI”).
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. Duty to Supplement – These answers must be reasonably supplemented in accordance with Tex. R. Civ. P. 193.5.
B. Answering Each Interrogatory – Restate each interrogatory in full before the corresponding answer. If any portion of an interrogatory is objected to, answer the remainder.
C. Objections – State with specificity the legal and factual basis for each objection. Objections must be signed by counsel. Tex. R. Civ. P. 197.2(b).
D. Privilege & Work-Product – For any information withheld under a claim of privilege, serve a withholding statement that complies with Tex. R. Civ. P. 193.3(a) and provide a privilege log within 15 days of Plaintiff’s written request.
E. Computation of Interrogatories – Each discrete subpart counts as one interrogatory. The total may not exceed:
• 25 in Level 1 (Tex. R. Civ. P. 190.2(c)(3));
• 25 in Level 2 (Tex. R. Civ. P. 190.3(b)(3));
• As set forth in the court’s order in Level 3 (Tex. R. Civ. P. 190.4).

V. INTERROGATORIES

1. Identify every Person with knowledge of relevant facts as defined in Tex. R. Civ. P. 192.3(c) and state the subject matter of that knowledge.

2. Describe in complete detail the factual basis for each affirmative defense pleaded in your current live answer, including the identity of documents and witnesses supporting each defense.

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. State whether Defendant has been a party to any lawsuit or arbitration within the past five (5) years alleging similar claims or defenses, identifying the style, cause number, court, and outcome.

7. Identify all non-privileged Documents reviewed, prepared, or relied on by any expert witness whom you may call at trial, other than those solely for impeachment or rebuttal.

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. Describe each settlement offer you have made or received relating to the claims in this lawsuit, including the date, amount, and parties involved.

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. For each allegation in Plaintiff’s live pleading that you deny, set forth the factual and legal basis for the denial.

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. Describe any known third-party fault contributing to the Incident and state whether you intend to designate that third party as a responsible third party under Tex. Civ. Prac. & Rem. Code § 33.004.

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 the full factual basis for your contention that Plaintiff failed to mitigate damages, identifying all supporting documents and witnesses.

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

VI. VERIFICATION

[DEFENDANT NAME], after being duly sworn, states under oath that (1) I have read the foregoing answers to Plaintiff’s Interrogatories, (2) they are within my personal knowledge (except as otherwise indicated), and (3) they are true and correct.

____________________________________
[NAME], [TITLE or “Individual Defendant”]

SWORN TO AND SUBSCRIBED before me by the said [Name] on this ___ day of __________, 20__.

____________________________________
Notary Public, State of Texas
My Commission Expires: __________

VII. SIGNATURE OF COUNSEL (Objections Only)

Respectfully submitted,

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

By: ______________________________
     [ATTORNEY NAME]
     ATTORNEY FOR DEFENDANT

VIII. 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