Appendix A

CAUSE NO._______________

IN THE INTEREST OF:

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IN THE DISTRICT COURT OF

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§HARRIS COUNTY, TEXAS

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A CHILD

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______ JUDICIAL DISTRICT

REQUEST FOR PRODUCTION OR INSPECTION OF DOCUMENTS

To: TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, by and through its attorney of record,________, 2211 Norfolk Street, Suite 737, Houston, TX 77098.

WILLIAM B. CONNOLLY, Attorney for ________________ requests that Petitioner, TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, produce for inspection and copying the items described below, at the time and place set out below.

Definitions

"Petitioner," "you," and "your" refer to and are intended to include TDFPS, your employees, and/or your agents, either individually or as a representative of any corporation, association, or partnership, as the case may be, as well as any testifying expert witnesses retained by you or retained on your behalf relating to this litigation and any consulting experts whose work product has been reviewed by, relates to, or forms the basis, either in whole or in part, of the mental impressions and opinions of any testifying experts.

"Person" includes and is intended to mean any natural person or the representative of any company, firm, corporation, association, business trust, partnership, limited liability partnership, joint venture, proprietorship, or any other form of business entity.

"Entity" or "entities" includes and is intended to mean any company, firm, corporation, association, business, trust, partnership, limited liability partnership, joint venture, proprietorship, or any other form of business entity.

"Relates to" means in whole or in part constitutes, contains, concerns, embodies, relates, analyzes, identifies, states, refers to, deals with, or in any way pertains to.

"Item," "document," or "documents" includes, but is not limited to, each tangible thing, recording, or reproduction of any visual or auditory information, including but not limited to papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape recordings, data, and data compilations, however made, whether handwritten, typewritten, or printed material, drafts, duplicates, carbon copies, photocopies, and all other copies.

"Parties" means DFPS, ________________ and/or ________________.

"Child" means ________________.

Instructions

All information responsive to this request that is not privileged that is in your possession, custody, or control is to be produced.

"Possession, custody, or control" of an item means that the person either has physical possession of the item or has a right to possession of the item that is equal or superior to that of the person who has physical possession of the item.

Time Period

The discovery requested relates to the period from the date of the first report to Petitioner of any alleged act of abuse to or neglect of the children the subject of this suit through the date of trial unless otherwise provided in this request. All requested documents, whenever actually prepared or generated, that relate to this period are to be produced.

Documents to Be Produced

All items set forth in Exhibit A are to be produced for inspection, examination, and copying within 30 days following service of this request at the Law Offices of Connolly & Shireman, LLP, 2211 Norfolk Street Suite 737 Houston, TX 77098. You must either produce documents and tangible things as they are kept in the ordinary course of business or organize and label them to correspond with the categories in this request.


Amendment or Supplementation of Response

If you learn that your response to this request was incomplete or incorrect when made or that, although it was complete and correct and made, it is no longer complete and correct, you must amend or supplement the response -

  1. 1. to the extent that the request seeks the identification of persons with knowledge of relevant facts, trial witnesses, or expert witnesses, and
  2. 2. to the extent that the request seeks other information, unless the additional or corrective information has been made known to the other parties in writing, on the record at a deposition, or through other discovery responses.

You must make amended or supplemental responses reasonably promptly after you discover the necessity for such a response.

Content of Response

With respect to each item or category of items, you must state objections and assert privileges as required by the Texas Rules of Civil Procedure and state, as appropriate, that -

  1. production, inspection, or other requested action will be permitted as requested;
  2. the requested items are being served on Respondent with the response;
  3. production, inspection, or other requested action will take place at a specified time and place, if you are objecting to the time and place of production; or
  4. no items have been identified - after a diligent search - that are responsive to the request.

Respectfully submitted,

CONNOLLY & SHIREMAN, LLP

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William B. Connolly
State Bar No. 04702400
2211 Norfolk Street, Suite 737
Houston, Texas 77098
Telephone (713) 520-5757
Facsimile (713) 520-6644

ATTORNEY FOR ________________

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Request for Production or Inspection of Documents was forwarded to:

on this the ________ day of ________.

William B. Connolly