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Rule 196.5. Destruction or Alteration (1999)

TEXT

Testing, sampling or exam­ination of an item may not destroy or materially alter an item unless previously authorized by the court.

Amended by order of Nov. 9, 1998, eff. Jan. 1, 1999.

Notes and Comments

Comments to 1999 change:

1. "Document and tangible things" are defined in Rule 192.3(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. Unless ordered other­wise, the responding party need only produce the data reasonably 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.

Technical corrections:

1. Rule 196.7(a) is modified as follows: "Request or motion. A party may gain entry on designated land or other property to inspect, measure, survey, photograph, test, or sample the property or any designated object or operation thereon by serving - no later than 30 days before the end of any applicable discovery period -".