STATE BAR OF TEXAS COMMITTEE ON COURT RULES REQUEST FOR NEW RULE OR CHANGE OF EXISTING RULE TEXAS RULES OF CIVIL PROCEDURE I. STATE LAND RECORDS. The attached records are kept by __________ in the regular course of business, and it was the regular course of business of __________ for an employee or representative of __________, with knowledge of the service provided, to make the record or to transmit information to be included in the record. 696 (SB 2342), and invited public comment. 108 Wild Basin Rd. 250 17330 Preston Rd., Ste. PROOF OF CERTAIN LOSSES; JURY INSTRUCTION. Texas Court Rules: History and Process - Excerpted from Nathan L. Hecht & E. Lee Parsley, Procedural Reform: Whence and Whither (Sept. 1997), updated by Robert H. Pemberton (Nov. 1998), How Texas Court Rules Are Made - By Nathan L. Hecht, Martha G. Newton, and Kennon L. Wooten (May 2016). The responding party must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them. The court must still set the case for a trial date that is within 90 days after the discovery period ends. If objection is made, the party attempting to use the document should be given a reasonable opportunity to establish its authenticity. Use of the answers to such interrogatories is limited, just as the use of similar disclosures under Rule 194.6 is. You or your spouse can ask the court to require each party to prepare a sworn inventory and appraisement. Sec. 5. J. 3.04(a), eff. 6. (b) Proof of the existence of a one-way street sign is prima facie proof that the public thoroughfare on or alongside which the sign is placed was designated by proper and competent authority to be a one-way thoroughfare allowing traffic to go only in the direction indicated by the sign. A responding party - not an agent or attorney as otherwise permitted by Rule 14 -must sign the answers under oath except that:". 679), Sec. Altered expert designations under Rule 195 Hiring a lawyer who is knowledgeable about the requirements and details of discovery will help a litigant avoid the difficulties that result from not handling interrogatories appropriately. /ColorSpace /DeviceGray 0000005461 00000 n Back to Main Page / Back to List of Rules, Rule 197.2. Access Texas court rules online. Further, amended Rule 190.2 increases the aggregate amount of oral deposition time permitted for expedited actions from 6 hours to 20 hours. If this is a lawsuit filed after January 1, 2021, Texas Rule of Civil Procedure 194.2 says that, without awaiting a discovery request, a party must provide to the other parties: The correct names of the parties to the lawsuit; The name, address, and telephone number of any potential parties; (b) This presumption applies only to those surveys conducted by a surveyor duly appointed, elected, or licensed, and qualified. This website was created in response to Texas Rule of Civil Procedure 3a, Texas Rule of Appellate Procedure 1.2, and Texas Rule of Judicial Administration 10, which require (effective January 1, 2023) that courts post their local rules, forms, and standing orders to this website to be effective. This rule expressly states the obligation of parties and their attorneys to cooperate in conducting discovery, and to conduct discovery only as permitted by the rules. Use of the answers to such interrogatories is limited, just as the use of similar disclosures under Rule 194.6 is. " FOREIGN INTEREST RATE. FORM OF AFFIDAVIT. Every disclosure, discovery request, notice, response, and Objection must be signed: (1) by an attorney, if the party is represented by an attorney, and must show the attorney's State Bar of Texas identification number, address, telephone number, and fax number, if any; or. Telephone: 210-714-6999 The statement should not be made prophylactically, but only when specific information and materials have been withheld. Amended by order of Nov. 9, 1998, eff. An interrogatory may inquire whether a party makes a specific legal or factual contention and may ask the responding party to state the legal theories and to describe in general the factual bases for the party's claims or defenses, but interrogatories may not be used to require the responding party to marshal all of its available proof or the proof the party intends to offer at trial. INTERROGATORIES TO PARTIES 197.2 Response to Interrogatories. Interrogatories about specific legal or factual assertions such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. The topics are listed below: Initial Disclosures /Filter /JBIG2Decode A party may serve on another party - no later than 30 days before the end of the discovery period -written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. U1}9yp Any other rule in the Texas Rules of Civil Procedure shall not govern the justice courts except: (a) to the extent the judge hearing the case determines that a particular rule must be followed to ensure that the proceedings are fair to all parties; or, (b) where otherwise specifically provided by . Authentication is, of course, but a condition precedent to admissibility and does not establish admissibility. But a party may object to a request for "all documents relevant to the lawsuit" as overly broad and not in compliance with the rule requiring specific requests for documents and refuse to comply with it entirely. As with requests for disclosure, interrogatories may be used to ascertain basic legal and factual claims and defenses but may not be used to force a party to marshal evidence. A court can issue a temporary order requiring both spouses to prepare and file a separate sworn inventory and appraisement. 1, eff. /BitsPerComponent 1 The ten-day period (which may be shortened by the court) allowed for an amended response does not run from the production of the material or information but from the party's first awareness of the mistake. H|Ao G`7rk"JzRV>{7,\7q-/Ri$( 7(O/ Od&C:b}_"S*PPBBM Qv.r90vQF75_~%V\`A"$9}|J1yEiV2 M1cmJzH?# Responses to interrogatories must be verified unless the responding party is not the only party who knows the answer to the question posed and/or if the information is available from another source. The latter two are easy enough to decipher as a lay person. 4 0 obj All information provided on Silblawfirm.com (hereinafter "website") is provided for informational purposes only, and is not intended to be used for legal advice. (yvrXJ2TYBFW/1U>YS)YQmKg{1f.uMa7ebi$x!=-6^-N7{BAE!MC@\ 7t!M` pzTx|}j3%Db#7cxbxFhn0EnO;>E"Ff|"WH}Wg kg'fM dmU@~hRT x 0000000016 00000 n (h) If continuing services are provided after a relevant deadline under this section: (1) a party may supplement an affidavit served by the party under Subsection (d) or (d-1) on or before the 60th day before the date the trial commences; and. Aug. 30, 1993. For any questions about the rules, please call (512) 463-4097. (c) Option to produce records. The service I provided was necessary and the amount that I charged for the service was reasonable at the time and place that the service was provided. 340 0 obj <>stream (c) Option to produce records. The signature of an attorney or party on a disclosure constitutes a certification that to the best of the signer's knowledge, information, and belief, fanned after a reasonable inquiry, the disclosure is complete and correct as of the time it is made. 1693), Sec. 197.3 Use. texas rules of civil procedure part i - general rules rule 1. objective of rules rule 2. scope of rules 6*:K!#;Z$P"N" DzIb The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories, except that a defendant served with interrogatories before the defendant's answer is due need not respond until 50 days after service of the interrogatories. Interrogatories about specific legal or factual assertions such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. To learn how to contact the presiding judge of the administrative judicial region in which the court is located,please visit https://www.txcourts.gov/organizations/policy-funding/administrative-judicial-regions/. 959, Sec. 2. Subject to any objections stated in the response, the responding party must produce the requested documents or tangible things within the person's possession, custody or control at either the time and place requested or the time and place stated in the response, unless otherwise agreed by the parties or ordered by the court, and must provide the 1. If the responding party has specified business records, the responding party must state a reasonable time and place for examination of the documents. Sec. Fort Worth, TX 76102 Sec. Rule 193.3(d) is a new provision that allows a party to assert a claim of privilege to material or information produced inadvertently without intending to waive the privilege. The revisions to the Texas Rules of Civil Procedure promulgated by Order in Misc. 710 Buffalo Street, Ste. Litigants should avoid overly broad questions, questions addressed in other parts of discovery, or questions with answers available from other resources. Request for Production and Inspection 1, eff. This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonably available, subject to objections and privileges. 17.027. 2. Interrogatories about specific legal or factual assertions - such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. PREPARATION AND SERVICE. On __________(DATE)__________, I provided a service to __________(NAME OF PERSON WHO RECEIVED SERVICE)__________. The records are the original or a duplicate of the original. H_O0b|hL4K}2>6l'-YXVxi=r Austin, TX 78746 13.09, eff. (3) not unreasonable or unduly burdensome or expensive, given the needs of the case, the discovery already had in the case, the amount in controversy, and the importance of the issues at stake in the litigation. (e) Sanctions. , , A $ $b6)M The affidavit is not evidence of and does not support a finding of the causation element of the cause of action that is the basis for the civil action. (c) Option to produce records. I am of sound mind and capable of making this affidavit, and personally acquainted with the facts herein stated. (2)a party need not sign answers to interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions. 763), Sec. 132.001. If it is confirmed to be necessary, the court can rule that it be required. Request for Motion for Entry Upon Property, Request for Motion for Entry Upon Property in Texas, Civil Suits Arising From Criminal Violations in Texas, Protecting Your Property with a Right of First Refusal in Your Texas Estate Plan, Caring for Your Home When Your Co-Owner is an Absentee, Landlord Liability For Breach of Lease in Texas. (3) the date the party offering the counteraffidavit in evidence must designate any expert witness as required by the Texas Rules of Civil Procedure. << Sec. The records from which the answer may be derived or ascertained must be specified in sufficient detail to permit the requesting party to locate and identify them as readily as can the responding party. E-mail: info@silblawfirm.com, Corpus Christi Office 560 (S.B. Before me, the undersigned authority, personally appeared __________, who, being by me duly sworn, deposed as follows: My name is ___________________________________. See National Union Fire Ins. Sec. Sept. 1, 2003. In addition, the responding party must sign some interrogatory answers under oath, as specified by the rule. Code of Civil Procedure 607a provides: "In every case which is being tried before the court with a jury, it shall be the duty of counsel for the respective parties, before the first witness is sworn, to deliver to the judge presiding at the trial and serve upon opposing counsel, all proposed instructions to the jury . Rule 193.4(c) is modified as follows: "Use of material or information withheld under claim of privilege. September 1, 2013. (d) Verification required; exceptions. stream 1379), Sec. Telephone: 361-480-0333 An interrogatory may inquire whether a party makes a specific legal or factual contention and may ask the responding party to state the legal theories and to describe in general the factual bases for the party's claims or defenses, but interrogatories may not be used to require the responding party to marshal all of its available proof or the proof the party intends to offer at trial. 1989). 959, Sec. 1. If a request, notice, response, or objection is not signed, it must be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, notice, response, or objection. Back to Main Page / Back to List of Rules, Rule 197. (a) An affidavit concerning cost and necessity of services by the person who provided the service is sufficient if it follows the following form: Before me, the undersigned authority, personally appeared __________(NAME OF AFFIANT)__________, who, being by me duly sworn, deposed as follows: My name is __________(NAME OF AFFIANT)__________. (3) the date the party offering the counteraffidavit must designate any expert witness as required by the Texas Rules of Civil Procedure. 777 Main Street, Ste. (3) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. 779 (H.B. Added by Acts 1999, 76th Leg., ch. prescribe general rules of civil procedure for the district courts. (a) A court in a civil action may not admit a communication that: (1) expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of an individual involved in an accident; (2) is made to the individual or a person related to the individual within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code; and. The Rules of Civil Procedure govern the proceedings in civil trials. Telephone: 409-240-9766 _sP2&E) \RM*bd#R\RWp G The services provided were necessary and the amount charged for the services was reasonable at the time and place that the services were provided. %3.3 901(a). Governed by Rule 197 of the Texas Rules of Civil Procedure, interrogatories are a helpful tool for discovery. Production of Documents Self-Authenticating (1999). 0000006404 00000 n 5The Texas discovery rules are Texas Rules of Civil Procedure 190-215. Interrogatories To Parties (Aug1998). Any party can request a hearing in which the court will resolve issues brought up in objections or withholding statements. (a) Time for response. Added by Acts 1987, 70th Leg., ch. Rule 501 of the Texas Rules of Civil Procedure. . The records were made in the regular course of business at or near the time or reasonably soon after the time the service was provided. Jan. 1, 2021. Houston, TX 77018 Dernire modification : 05/07/2018. (b) The method of service of citation provided by this section is in addition to any other method authorized by statute or the Texas Rules of Civil Procedure for service on the secretary of state. The failure to sign or verify answers is only a formal defect that does not otherwise impair the answers unless the party refuses to sign or verify the answers after the defect is pointed out. Requests for Admission must be in writing, and each request has to be listed separately in the document. (b) If any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, the court shall instruct the jury as to whether any recovery for compensatory damages sought by the claimant is subject to federal or state income taxes. 468 0 obj <> endobj An example would be material or information described by Rule 503(d)( 1) of the Rules of Evidence. 18.032. Acts 2007, 80th Leg., R.S., Ch. 0 Acts 2013, 83rd Leg., R.S., Ch. Requests that are made by you or to you asking to admit or deny facts that relate to the case. SWORN TO AND SUBSCRIBED before me on the __________ day of __________, 19___. 319 0 obj <> endobj In order to facilitate that exchange, the discovery process includes interrogatories, questions relevant to the case which must be answered by the opposing party. Rule 197 - Interrogatories to Parties 197.1 Interrogatories. 954, Sec. Amended by Acts 1987, 70th Leg., ch. (1) be taken before an officer with authority to administer oaths; (A) the person who provided the service; or, (B) the person in charge of records showing the service provided and charge made; and. (a) In a dispute between the State of Texas and an upland owner of property fronting on the Gulf of Mexico and the arms of the Gulf of Mexico within the boundaries of the State of Texas, the maps, surveys, and property descriptions filed in the General Land Office in connection with any conveyance by the state or any predecessor government by patent, deed, lease, or other authorized forms of grant shall be presumed to accurately depict the boundary between adjacent upland owners and the state-owned submerged lands. This paper is a guide to the background, text, and intent of the 1999 revisions to the Texas Rules of Civil Procedure pertaining to discovery. An objection must be either on the record or in writing and must have a good faith factual and legal basis. The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories. Free court deadline calculators and resources for lawyers, legal professionals, and others. 0000004590 00000 n A responding party - not an agent or attorney as otherwise permitted by Rule 14 -must sign the answers under oath except that:". Rule 197.2(d) is modified as follows: "Verification required; exceptions. Part III - Rules of Procedure for the Courts of Appeals ( 352 473) Part IV - Rules of Practice for the Supreme Court ( 474 518) Part V - Rules of Practice in Justice Courts ( 523 510.13) Part VI - Rules Relating to Ancillary Proceedings ( 592 734) Part VII - Rules Relating to Special Proceedings ( 735 813) (b) Content of response. 2. hVmo6+0DHE '[wKI5dH 0000007074 00000 n A party may also object to a request for a litigation file on the ground that it is overly broad and may assert that on its face the request seeks only materials protected by privilege. . Following public comment, the Court made revisions to those rules and also revised Texas Rules of Civil Procedure 99, 196, 197, and 198. 511 and overturns Granada Corp. v.First Court of Appeals, 844 S.W.2d 223 (Tex. 0000001444 00000 n Back to Main Page / Back to List of Rules, Rule 191.3 Signing of Disclosures, Discovery Requests, Notices, Responses, and Objections (Aug. 1998). cH)W"PGsb#4Bz/s/~i3o!@7W;e|C~sElC? The total amount paid for the services was $_____ and the amount currently unpaid but which __________ has a right to be paid after any adjustments or credits is $_____. 0000001820 00000 n -1!o7! ' %%EOF However, the rule does not prohibit a party from specifically requesting the material or information if the party has a good faith basis for asserting that it is discoverable. 0000005926 00000 n 8000 IH-10 West, Suite 600 1, eff. 3. (b) A business record described by Subsection (a) is admissible if the party offering the record has obtained the record from a source other than law enforcement personnel. A responding party - not an agent or attorney as otherwise permitted by Rule 14 - must sign the answers under oath except that: (1) when answers are based on information obtained from other persons, the party may so state, and. Depending on the discovery level in the case, litigants may request as many as 25 interrogatories. This rule imposes no duty to supplement or amend deposition testimony. R9Kf6d(s |(jtC92Lo} Qf+opDW[{RwbY8@BS:C*=/|Mww(Uku01 The questions should be relevant to the claims and be as specific as possible. (b-1) Notwithstanding Subsection (b), an affidavit concerning proof of medical expenses is sufficient if it substantially complies with the following form: ____________________________________________. 2. The only duty to supplement deposition testimony is provided in Rule 195.6. This rule preserves the ability of parties by agreement and trial courts by order to adapt discovery to different circumstances. (b) An affidavit concerning cost and necessity of services by the person who is in charge of records showing the service provided and the charge made is sufficient if it follows the following form: Before me, the undersigned authority, personally appeared ______(NAME OF AFFIANT)______, who, being by me duly sworn, deposed as follows: I am the person in charge of records of __________(PERSON WHO PROVIDED THE SERVICE)__________. September 1, 2013. 0000049836 00000 n P. 197.1 ("A party may serve on another party . 1. (d-1) Notwithstanding Subsection (d), if services are provided for the first time by a provider after the date the defendant files an answer, the party offering the affidavit in evidence or the party's attorney must serve a copy of the affidavit for services provided by that provider on each other party to the case by the earlier of: (1) the date the offering party must designate any expert witness under a court order; or. endstream endobj 333 0 obj <>stream (g) The party offering the counteraffidavit in evidence or the party's attorney must file written notice with the clerk of the court when serving the counteraffidavit that the party or attorney served a copy of the counteraffidavit in accordance with this section. While interrogatories might inquire about legal theories and factual bases for a claim or denial of a claim, this part of the discovery process does not require evidence to substantiate or refute a claim. Back to Main Page / Back to List of Rules, Rule 193.7. Back to Main Page / Back to List of Rules. }>k!LJ##v*o'2, 1. s"*JISBHQDa p" S"! Under a 1949 amendment to 28 U.S.C., 2072, the Chief Justice of (b) Unless a controverting affidavit is served as provided by this section, an affidavit that the amount a person charged for a service was reasonable at the time and place that the service was provided and that the service was necessary is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary. endstream endobj 332 0 obj <>stream The counteraffidavit may not be used to controvert the causation element of the cause of action that is the basis for the civil action. } B.,n6L]66_RRcbH+4\6Z8Z1m 1K*5|XR-No6;\9E8|z@?o+$MG |_)OhsjWn X endstream endobj startxref Interrogatories about specific legal or factual assertions such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. A responding party must sign the answers under oath except that: (1) when answers are based on information obtained from other persons, the party may so state, and. (TRCP 197.2) Objections and Answers to Requests for Admissions 30 days from service, unless served before the defendant's answer is due, in which event the defendant has 50 days after service to respond. (b) Content of response. 2, eff. Answers to interrogatories may be used only against the responding party. 0 Disclaimer: The information presented on this site is for . (a) Except as provided by Subsection (b), a business record is not admissible in a civil action if the business record is provided to law enforcement personnel in connection with an investigation of an alleged violation of Section 32.51, Penal Code (fraudulent use or possession of identifying information). This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonably available, subject to objections and privileges. Answers in amended and supplemental responses must be signed by the party under oath only if the original answers were required to be signed under oath. Answers to interrogatories may be used only against the responding party. #220 Trial courts cannot simply "opt out" of these rules by form orders or approve or order a discovery control plan that does not contain specified matters, including a trial date and deadline for the joinder of parties. endstream endobj 334 0 obj <>stream A party who objects to production of documents from a remote time period should produce documents from a more recent period unless that production would be burdensome and duplicative should the objection be overruled. Added by Acts 2003, 78th Leg., ch. (b) In this section, "communication" means: (3) a gesture that conveys a sense of compassion or commiseration emanating from humane impulses. E-mail: info@silblawfirm.com. An objection to written discovery does not excuse the responding party from complying with the request to the extent no objection is made. 1. Answers to interrogatories may be used only against the responding party. (d) Verification required; exceptions. a7 D~H} 18.001. 1. Response to Interrogatories (2021) TEXT (a) Time for response. The party must amend or supplement the statement if additional privileged information or material is found subsequent to the initial response. (a) Time for Response. The service provided was necessary and the amount charged for the service was reasonable at the time and place that the service was provided. Amended by order of Dec. 23, 2020, eff. 2. If the answer to an interrogatory may be derived or ascertained from public records, from the responding party's business records, or from a compilation, abstract or summary of the responding party's business records, and the burden of deriving or ascertaining the answer is substantially the same for the requesting party as for the responding party, the responding party may answer the interrogatory by specifying and, if applicable, producing the records or compilation, abstract or summary of the records. Rule 190.3 governs the permissible discovery for all cases except those seeking relief of $250,000 or less (the new Rule 190.2) and those a court permits, on a case-by-case basis, to have discovery tailored to the circumstances of the suit (Rule 190.4). The counteraffidavit must be made by a person who is qualified, by knowledge, skill, experience, training, education, or other expertise, to testify in contravention of all or part of any of the matters contained in the initial affidavit. Texas Rules of Civil Procedure Rule 107. A matter admitted under this rule is conclusively established as to the party making the admission unless the court permits the party to withdraw or amend the admission. Added by Acts 1993, 73rd Leg., ch. Added by Acts 2003, 78th Leg., ch. Hn0wxslnRUVuH+J@}mLa8oA' Answers in amended and supplemental responses must be signed by the party under oath only if the original answers were required to be signed under oath. In individual instances, courts may order, or parties may agree, to use discovery methods other than those prescribed in these rules if appropriate. (1) consistent with the rules of civil procedure and these discovery rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and 18.002. (T*(B{TZhp{3;3#aur:% 1b#Z-@M_S *:hY^xP@30z@=AmR=7G9N* (9lBBBLa!4lda1L6sZ2N4HzV}!6v-CK_|o@*>746jDe September 1, 2003. A party who fails to diligently screen documents before producing them does not waive a claim of privilege. Court Deadlines also includes links to certain state court rules. San Antonio, TX 78230 0000003067 00000 n In Texas, the Rules of Civil Procedure only allow attorneys to object on 3 grounds: form, non-responsive answer, or leading. 33 of the Family Code, https://www.txcourts.gov/organizations/policy-funding/administrative-judicial-regions/, Uniform Format Manual for Texas Reporters' Records, Texas Records and Information Locator (TRAIL). A party may not use - at any hearing or trial - material or information withheld from discovery under a claim of privilege, including a claim sustained by the court, without timely amending or supplementing the party's response to that discovery.". Any admission made by a party under this rule may be used solely in the pending action and not in any other proceeding. R. Evid. June 18, 2005. *HFKt.-: A#yv7:lq|e7u]U1 lJ5WH%1y%(sD'QT-p&I0Dr%g0[ =G;+oB43LI A party may serve on another party - no later than 30 days before the end of the discovery period - written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. 197.1 Interrogatories. In addition, the responding party must sign some interrogatory answers under oath, as specified by the rule. U;Ra[Hlrw5,;pUgPZL)p9kx>]L muYjQ[mhYfI=J"A%.D#ELOB5~in2! nvf>&,8hi_:0wl|NgVM= !gUn5u&6@lpTdVD?!f>Pc!&*p'[WX0sj]m2I83i. If the answer to an interrogatory may be derived or ascertained from public records, from the responding party's business records, or from a compilation, abstract or summary of the responding party's business records, and the burden of deriving or ascertaining the answer is substantially the same for the requesting party as for the responding party, the responding party may answer the interrogatory by specifying and, if applicable, producing the records or compilation, abstract or summary of the records.