Case Study: Elmer Davis

This discovery dispute concerns three issues. The first issue is whether plaintiff Elmer Davis is entitled to see defendant National Inc.’s financial records. This effects document request numbers 2, 5, 6, 9, 10, 11 and 12 (attached as Ex. 1). These requests all targets Nationals financial and tax records. While there are also some potential individual issues related to time and scope of the individual discovery requests, each of these requests raises the same threshold question: whether Davis is entitled to see Nationals’ financial records. See in re Garth, 214 S.W. 3d 190, 194 (Tex.App. – Beaumont 2007, Pet. Dism’d) (reversing trial court's order compelling production of financial records beyond what would evidence net worth).
Second, National