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Notice to Produce or Duces Tecum Key to Successful Deposition of Doctor Expert

Many times a doctor expert is deposed but the chance to follow up with documents is not realized because of the lack of a notice to produce being sent with the deposition notice. This notice is also referred to as a Duces Tecum in some jurisdictions. Whatever the nomenclature, the notice requests pertinent documents that allow the opposing lawyer to follow up on questions with the produced documents. It is a very valuable pleading in many civil litigation cases. Below is a sample Notice of Intention to Take Oral Deposition and Duces Tecum.

PLAINTIFF’S NOTICE OF INTENTION TO TAKE ORAL VIDEOTAPED DEPOSITION,

DUCES TECUM, OF DR. ________

TO: DEFENDANTS, Jim Jones and Company Defendant, by and through their attorneys of record.

PLEASE TAKE NOTICE that at 10:30 a.m. on _______, ________, 20___, and continuing thereafter from day to day until completed, Plaintiff will take the deposition testimony of DR___________. The witness is expected to testify upon matters relating to the above-numbered and styled lawsuit, and such testimony may be used at the trial of same.

Said deposition will be taken pursuant to the Texas Rules of Civil Procedure at ————–, before a Court Reporter or other officer authorized to administer oaths from the court reporting firm of _____________ DEPOSITION SERVICES.

PLEASE TAKE FURTHER NOTICE that the witness is commanded to produce at the commencement of the deposition, any and all items matching the descriptions listed in “Exhibit A,” which is attached hereto.

You are invited to attend and examine the witness.

Respectfully submitted,

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I hereby certify that on this _______ day of _______ 20____, a true and correct copy of the above and foregoing document was sent by telecopier, certified mail and/or regular mail to all attorneys of record, as listed below:

_______________________            

Robert J. Fleming

Exhibit A

THE WITNESS IS HEREBY COMMANDED TO PRODUCE THE FOLLOWING ITEMS AT THE TIME OF DEPOSITION:

  1. Any and all documents, records, charts, notes, models, tangible things or films  reviewed by DR. ______________ prior to rendering an opinion regarding the injuries, damages, condition and/or treatment of Mr. John Jones.
  2. Any reports, records, charts or documents reflecting the general substance of DR. __________________ mental impressions and opinions held or rendered concerning John Jones, and/or the above-referenced lawsuit.
  3. Copies of any and all documents, records, charts, notes, models, tangible things or films  which in any way support or form the basis for DR. __________________’ mental impressions and opinions held or rendered concerning John Jones, and/or the above-referenced lawsuit.
  4. A current and complete copy of the resume or curriculum vitae of DR. __________________.
  5. Any and all documents, charts or notes reflecting, notating or documenting  physical examinations of  John Jones conducted by DR. __________________.
  6. Any and all documents reflecting the dates and times which John Jones was rendered treatment by DR. __________________ for any medical condition.
  7. Any and all documents, logs or  sign-in sheets reflecting the dates and times which Mr. _________________ visited or presented for an office visit with DR. __________________ or any other member of the association with which DR. __________________ maintains membership.
  8. Any and all notes, messages or correspondence reflecting conversations, discussions, interviews or communications between DR. __________________ and John Jones.
  9. Any and all notes, messages or correspondence reflecting any and all conversations, discussions, interviews or communications between DR. __________________  and ___________, M.D. regarding Mr. John Jones’s medical treatment, condition or symptoms.
  10. Any and all notes, messages or correspondence reflecting conversations or communications between DR. __________________ and ________________ regarding Mr. John Jones’s medical treatment, condition or symptoms .
  11. Any and all notes, messages or correspondence reflecting conversations or communications between DR. __________________  and any health care provider rendering treatment to John Jones for injuries sustained in ______________, 20________.
  12. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to the law firm of _______________ relating to evaluation of John Jones in Cause Number ____________.
  13. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to the law firm of _________________ relating to evaluation of any Plaintiff during the past five (5) years.
  14. Any and all correspondence between DR. ____________ and the law firm of ___________ relating to Mr. John Jones or  Cause Number _____________.
  15. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to ________________INSURANCE GUARANTY ASSOCIATION relating to evaluation of  Mr. John Jones or  Cause Number ______________.
  16. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to ________________ INSURANCE GUARANTY ASSOCIATION relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  17. Any and all correspondence between Dr. _______________ and ________________ ASSOCIATION relating to Mr. John Jones or  Cause Number ____________________.
  18. Any and all fee payment agreements between Dr. ______________ and  Defendant, _______________., its liability insurer, and _______________ INSURANCE GUARANTY ASSOCIATION, or its counsel, the law firm of ________________., regarding the rendering of opinions regarding the treatment of Plaintiffs and/or claimants.
  19. Any and all records of payment made DR.______________ by attorneys __________________, or the law firm of __________________ relating to evaluation of John Jones or any other Plaintiff, or claimant within the last five (5) years.
  20. Any and all books, treatises, studies, or research projects which support or lead to your conclusions regarding the diagnosis or prognosis of John Jones.
  21. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to _______________ ASSURANCE COMPANY relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  22. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to __________________ Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  23. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to _________________ Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  24. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to Allstate Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  25. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to __________________ Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  26. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to _______________Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  27. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to ____________________ Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  28. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to ___________________ Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  29. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to __________________________Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  30. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to _____ Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  31. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to _____ Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  32. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to ___________ Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years
  33. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to ___________Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.
  34. Copies of any and all invoices, billings, statements, or documents reflecting billing for services rendered to _______________ Mutual Insurance Company relating to evaluation of any Plaintiff or claimant during the past five (5) years.