33rd / 424th District Courts

Below you will find different articles on this section of the rules.

What is a "witness statement?" Some statements are obvious such as someone interviews a witness and takes down a written statement that is then signed by the witness. Easy.

Take a case of a lot of correspondence between parties, documents exchanged, etc. Some of it may form the basis of the suit such as whether a contract was made. Some of it may be a "statement" made by someone who later becomes a witness, party or not. Is that a "witness statement" as contemplated by the rule? It may become admissible as a statement against interest or for impeachment as a prior inconsistent statement, but is it a "witness statement?"

Texaco v. Hon. John Dominquez (Tex. App. - San Antonio 1991) precludes allowing P to "rummage" D's files merely because P believes the culling of responsive materials by counsel for D may not have uncovered everything that should have been produced. In spite of acknowledging P's frustration, the court spoke directly to the "no fishing expedition" concepts of modern discovery.

However, it also dealt with a trial court order for D (Texaco) to provide "a more responsive answer" to certain requests for production. The order did not specify how D must be more responsive. The court then, in this case involving a large number (100,000) of documents, stated:

Where a motion to enforce a mediation agreement was filed and the agreement clearly lacked material terms, the case was returned to mediation rather than being enforced. The Court had not been asked to rule on the missing elements. No. 21,605 (Burnet)

Rule 194.2 T.R.C.P. provides in part for disclosure of
" . . . (d) the amount and any method of calculating economic damages; . . . ."

The Court construes that provision as follows: For any number that you can add up or calculate, tell us the number and how you got it.

In other words, tell the inquiring party the basis for that claim regardless of whether the claim is property damage, lost profits, an offset, claim for reimbursement or otherwise. Tote it up and tell 'em.