(2) Subject to paragraph (3) of this subsection, the responding
party shall make available all voluminous material provided in response to
a request for information at a designated location in Austin.
(3) A party will be released from its obligation to make available
the requested voluminous material at a designated location in Austin, only
if the volume of the material exceeds eight linear feet. In that event, the
party shall make the material available where the material is located.
(4) The party providing the voluminous material shall file
with its response a detailed index of the voluminous material responsive to
a particular question and shall organize the responses and material to enable
parties to efficiently review the material, including labeling of material
by request for information number and subparts and sequentially numbering
the material responsive to a particular question. The index shall include:
(A) information sufficient to locate each individual document
by page number, file number, and box number;
(B) the date of each document;
(C) the title of the document, or, if none exists, a description
of the document;
(D) the name of the preparer of each document; and
(E) the length of each document.
(i) Duty to supplement. A responding party is under a continuing
duty to supplement its discovery responses if that party acquires information
upon the basis of which the party knows or should know that the response was
incorrect or incomplete when made, or though correct or complete when made,
is materially incorrect or incomplete. The responding party shall amend its
prior response within five working days of acquiring the information.
(j) Requests for admission of facts. Requests for admission
of facts shall be made in accordance with the Texas Rules of Civil Procedure.
(k) Modifications of deadlines. Modification of the deadlines
for responses, objections, and motions to compel may be modified by agreement
of the affected parties, by filing a letter or other document evidencing the
agreement.
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Source Note: The provisions of this §22.144 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective December 17, 2000, 25 TexReg 12381 |