Tex. R. Civ. P. 196

REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES;

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RULE 196. REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES;
REQUESTS AND MOTIONS FOR ENTRY UPON PROPERTY
196.1 Request for Production and Inspection to Parties.
(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
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(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.
196.2 Response to Request for Production and Inspection.
(a) Time for response. The responding party must serve a written response on the requesting
party within 30 days after service of the request, except that a defendant in a suit governed
by the Family Code served with a request before the defendant’s answer is due need not
respond until 50 days after service of the request.
(b) Content of response. With respect to each item or category of items, the responding party
must state objections and assert privileges as required by these rules, 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 the requesting party with the response;
(3) production, inspection, or other requested action will take place at a specified time
and place, if the responding party is 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.
196.3 Production.
(a) Time and place of production. Subject to any objections stated in the response, the
responding party must produce the requested documents or tangible things within the
person's possession, custody or control at either the time and place requested or the time
and place stated in the response, unless otherwise agreed by the parties or ordered by the
court, and must provide the requesting party a reasonable opportunity to inspect them.
(b) Copies. The responding party may produce copies in lieu of originals unless a question
is raised as to the authenticity of the original or in the circumstances it would be unfair to
produce copies in lieu of originals. If originals are produced, the responding party is
entitled to retain the originals while the requesting party inspects and copies them.
(c) Organization. The responding party must either produce documents and tangible things
as they are kept in the usual course of business or organize and label them to correspond
with the categories in the request.
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196.4 Electronic or Magnetic Data.
To obtain discovery of data or information that exists in electronic or magnetic form, the requesting
party must specifically request production of electronic or magnetic data and specify the form in
which the requesting party wants it produced. The responding party must produce the electronic
or magnetic data that is responsive to the request and is reasonably available to the responding
party in its ordinary course of business. If the responding party cannot - through reasonable efforts
-retrieve the data or information requested or produce it in the form requested, the responding party
must state an objection complying with these rules. If the court orders the responding party to
comply with the request, the court must also order that the requesting party pay the reasonable
expenses of any extraordinary steps required to retrieve and produce the information.
196.5 Destruction or Alteration.
Testing, sampling or examination of an item may not destroy or materially alter an item unless
previously authorized by the court.
196.6 Expenses of Production.
Unless otherwise ordered by the court for good cause, the expense of producing items will be borne
by the responding party and the expense of inspecting, sampling, testing, photographing, and
copying items produced will be borne by the requesting party.
196.7 Request of Motion for Entry Upon Property.
(a) 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 -
(1) a request on all parties if the land or property belongs to a party, or
(2) a motion and notice of hearing on all parties and the nonparty if the land or property
belongs to a nonparty. If the identity or address of the nonparty is unknown and
cannot be obtained through reasonable diligence, the court must permit service by
means other than those specified in Rule 21a that are reasonably calculated to give
the nonparty notice of the motion and hearing.
(b) Time, place, and other conditions. The request for entry upon a party's property, or the
order for entry upon a nonparty's property, must state the time, place, manner, conditions,
and scope of the inspection, and must specifically describe any desired means, manner, and
procedure for testing or sampling, and the person or persons by whom the inspection,
testing, or sampling is to be made.
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(c) Response to request for entry.
(1) Time to respond. The responding party must serve a written response on the
requesting party within 30 days after service of the request, except that a defendant
in a suit governed by the Family Code served with a request before the defendant’s
answer is due need not respond until 50 days after service of the request.
(2) Content of response. The responding party must state objections and assert
privileges as required by these rules, and state, as appropriate, that:
(A) entry or other requested action will be permitted as requested;
(B) entry or other requested action will take place at a specified time and place,
if the responding party is objecting to the time and place of production; or
(C) entry or other requested action cannot be permitted for reasons stated in the
response.
(d) Requirements for order for entry on nonparty's property. An order for entry on a
nonparty's property may issue only for good cause shown and only if the land, property, or
object thereon as to which discovery is sought is relevant to the subject matter of the action.
Notes and Comments
Comment 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.
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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.

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