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Rule 196.1. Request for Production and Inspection to Parties (Aug. 1998)

TEXT

(a) Request. A party may serve on another party - no later than 30 days before the end of the discovery period - a request for production or for inspection, to inspect, sample, test, photograph and copy documents or tangible things within the scope of discovery.

(b) Contents of request. The request must specify the items to be produced or inspected, either by individual item or by category, and describe with reasonable particularity each item and category. The request must specify a reasonable time (on or after the date on which the response is due) and place for production. If the requesting party will sample or test the requested items, the means, manner and procedure for testing or sampling must be described with sufficient specificity to inform the producing party of the means, manner, and procedure for testing or sampling.

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

(1) Service of request on nonparty. If a party requests another party to produce medical or mental health records regarding a nonparty the requesting party must serve the nonparty with the request for production under Rule 21a.

(2) Exceptions. A party is not required to serve the request for production on a nonparty whose medical records are sought if:

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

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

(C) the court, upon a showing of good cause by the party seeking the records, orders that service is not required.

(3) Confidentiality. Nothing in this rule excuses compliance with laws concerning the confidentiality of medical or mental health records.

Aug. 4, 1998, eff. Jan. 1, 1999.

Notes and Comments

Comments to 1999 change:

1. "Document and tangible things" are defined in Rule I 92.3(b).

2. A party requesting sampling or testing must describe the procedure with sufficient specificity to enable the responding party to make any appropriate objections.

3. A party requesting production of magnetic or electronic data must specifically request the data, specify the form in which it wants the data produced, and specify any extraordinary steps for retrieval and translation. Otherwise, the responding party need only produce the data available in the ordinary course of business in reasonably usable form.

4. The rule clarifies how the expenses of production are to be allocated absent a court order to the contrary.

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

6. Parties may request production and inspection of documents and tangible things from nonparties under Rule 205.3.

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

8. Rule 196.1 (c) is merely a notice requirement and does not expand the scope of discovery of a nonparty's medical records.

AMENDMENTS

Nov. 9, 1998, eff. Jan. 1, 1999