What to say in an interrogatory response without client input in Texas
In Texas, do not guess or leave the interrogatory unanswered merely because your client has not yet provided the information. Make a reasonable effort to get the answer and check information reasonably available to the client or counsel; if you still cannot answer fully, say so clearly, provide any part you can answer, and supplement if the answer later becomes available.[1][2]
Suggested response
After reasonable inquiry, Responding Party is unable to provide a complete answer at this time. Responding Party [states the information presently known, if any]. Responding Party will supplement this response if additional responsive information becomes available.
Use that only if you have actually made a reasonable inquiry. If you have not yet received the client’s answer and have not completed follow-up, say that accurately rather than implying the inquiry is complete. For example:
Responding Party is seeking the responsive information from [the client or other identified source] and is not presently able to provide a complete answer. Responding Party will supplement this response as required by the Texas Rules of Civil Procedure.
That wording does not excuse an incomplete response if information is reasonably available, and it should not be used to delay responding without a valid basis.
Texas requirements
The responding party must give a complete written response based on information reasonably available to the party or the attorney.[1] Texas interrogatories may ask for a party’s position and the general factual basis for a claim or defense, but cannot require the party to marshal all available proof.[3] If an answer is incomplete or incorrect, or later becomes so, the party generally must amend or supplement it reasonably promptly, subject to the rule’s stated exceptions.[2]
The party, not merely counsel, generally must sign interrogatory answers under oath. Exceptions include interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions; an answer based on information obtained from others may state that basis.[4] Counsel should also ensure the discovery response is signed as required by the applicable rules.