Preview
Filed: 5/7/2021 9:25 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 53213470
By: Shailja Dixit
5/7/2021 9:28 AM
CAUSE NO. 20-CV-1704
RAYMOND D. JETT AND SUE E. JETT, § IN THE DISTRICT COURT OF
INDIVIDUALLY AND AS TRUSTEE §
OF THE SPARKS FAMILY LIVING TRUST §
§
Plaintiffs, §
§
v. § GALVESTON COUNTY, TEXAS
§
WIMBISH KELLY CONSTRUCTION, LLC §
D/B/A PUTNAM BUILDERS §
§
Defendant. § 122nd JUDICIAL DISTRICT
THE STATE OF TEXAS
WITNESS SUBPOENA DUCES TECUM
PURSUANT TO TEXAS RULE OF CIVIL PROCEDURE 176
TO: ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON
AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN RULE
Tex. R. Civ. P. 176.
YOU ARE HEREBY COMMANDED TO SUMMON David “Bubba” Ray Kehrer, II,
located at 805 Thistle Mound CV, Round Rock, Texas 78665, or at any other location where he
may be found, and who resides or who may be found within (150) miles of the place of the
deposition, to appear at a deposition before a certified court reporter, to be held either virtually
via the Zoom platform, or in the offices of CHUNN PRICE & HARRIS, PLLC, located at
14400 Northbrook Dr., Suite 230, San Antonio, Texas 78232, on the 16th day of June, 2021,
beginning at 10:00 a.m., to testify as a witness in the above-styled and numbered Civil Action,
to remain in attendance from day to day until lawfully discharged, and to bring and produce for
inspection and photocopying any and all records described on the attached Exhibit “A” to this
subpoena.
DUTIES OF PERSON SERVED WITH SUBPOENA
You are advised that under Texas Rule of Civil Procedure 176, a person served with a
subpoena has certain rights and obligations. Rule 176.6 provides:
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(a) Compliance Required. Except as provided in this subpoena, a person served with
a subpoena must comply with the commands stated therein unless discharged by the Court or by
the parties summoning such witness. A party commanded to appear and give testimony must
remain at the place of the deposition, hearing, or trial from day to day until discharged by the
Court or by the party summoning the witness.
(b) Organizations. If a subpoena commanding testimony is directed to a corporation,
partnership, association, governmental agency, or other organization, and the matters on which
examination is requested are described with reasonable particularity, the organization must
designate one or more persons to testify on its behalf as to matters known or reasonably available
to the organization.
(c) Production of documents or tangible things. A person commanded to produce
documents or tangible things need not appear in person at the time and place of production
unless the person is also commanded to attend and give testimony, either in the same subpoena
or a separate one. A person must produce documents as they are kept in the usual course of
business or must organize and label them to correspond with the categories in the demand. A
person may withhold material or information claimed to be privileged but must comply with
Rule 193.3. A nonparty’s production of a document authenticates the document for use against
the nonparty to the same extent as a party’s production of a document is authenticated for use
against the party under Rule 193.7.
(d) Objections. A person commanded to produce and permit inspection and copying
of designated documents and things may serve on the party requesting issuance of the subpoena -
- before the time specified for compliance -- written objections to producing any or all of the
designated materials. A person need not comply with the part of a subpoena to which objection
is made as provided in this paragraph unless ordered to do so by the court. The party requesting
the subpoena may move for such an order at any time after an objection is made.
(e) Protective Orders. A person commanded to appear at a deposition, hearing, or
trial, or to produce and permit inspection and copying of designated documents and things, may
move for a protective order under Rule 192.6(b), before the time specified for compliance, either
in the Court in which the action is pending or in a district court in the county where the subpoena
was served. The person must serve the motion on all parties in accordance with Rule 21a. A
person need not comply with the part of the subpoena from which the protection is sought under
this paragraph unless ordered to do so by the Court. The party requesting the subpoena may seek
such an order at any time after the motion for protection is filed.
ENFORCEMENT OF SUBPOENA
(a) Contempt. Failure by any person without adequate excuse to obey a
subpoena served upon that person may be deemed a contempt of the Court from which the
subpoena is issued or a district court in the county in which the subpoena is served, and
may be punished by fine or confinement, or both.
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(b) Proof of Payment of Fees Required for Fine or Attachment. A fine may not be
imposed, nor a person served with the subpoena attached, for failure to comply with the
subpoena without proof by affidavit of the party requesting the subpoena or the party’s attorney
of record that all fees due the witness by law were paid or tendered.
This Subpoena is issued at the request of Raymond D. Jett and Sue E. Jett, Individually
and as Trustee of the Sparks Family Living Trust, Plaintiffs in the above-styled and numbered
cause, whose attorney of record is Kendall Valenti Speer, Crady Jewett McCulley & Houren
LLP, 2727 Allen Parkway, Suite 1700, Houston, Texas 77019-2125.
Date of Issuance: May 7, 2021.
SUBPOENA ISSUED BY: CRADY JEWETT McCULLEY & HOUREN LLP
Respectfully Submitted,
CRADY JEWETT McCULLEY & HOUREN LLP
By:/s/ Kendall Valenti Speer
J. Daniel Long
State Bar No. 24036985
Email: dlong@cjmhlaw.com
Kendall Valenti Speer
State Bar No. 24077954
Email: kspeer@cjmhlaw.com
2727 Allen Parkway, Suite 1700
Houston, Texas 77019-2125
Telephone: (713) 739-7007
Facsimile: (713) 739-8403
Attorneys for Plaintiffs, Raymond D. Jett and Sue
E. Jett, Individually and as Trustee of the Sparks
Family Trust
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CERTIFICATE OF SERVICE
I hereby certify that on this 7th day of May, 2021, a true and correct copy of the above
and foregoing document was served by ECF, and/or email to the parties listed below:
David G. Harris
CHUNN PRICE & HARRIS, PLLC
1150 N. Loop 1604 W., Suite 108-467
San Antonio, Texas 79248
dharris@cphattorneys.com
Attorneys for Defendant,
Wimbish Kelly Construction, LLC d/b/a Putnam Builders
/s/Kendall Valenti Speer
Kendall Valenti Speer
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EXHIBIT A
DEFINITIONS AND INSTRUCTIONS
1. Whenever used herein, the singular shall be deemed to include the plural and the plural
shall be deemed to include the singular; the masculine shall be deemed to include the
feminine and the feminine shall be deemed to include the masculine; the disjunctive
(“or”) shall be deemed to include the conjunctive (“and”) and the conjunctive (“and”)
shall be deemed to include the disjunctive (“or”); and each of the functional words
“each,” “every,” “and” and “all” shall be deemed to include each of the other functional
words.
2. “Document” shall mean and include, but is not limited to, any written, recorded,
transcribed, punched, taped, filmed, or graphic matter, or any other data compilation of
every kind or description however produced or reproduced from which information may
be obtained, including without limitation, letters, e-mail, telexes, telegrams, teletypes,
correspondence, contracts, agreements, drafts, reports, records, memoranda, mechanical
and electrical sound recordings or transcriptions thereof, formal or informal drawings or
diagrams, charts, photographs, photographic negatives, calendar or diary entries,
manuals, summaries or compilations, and computer software and hardware as those terms
are generally understood. It shall include communications in words, symbols, pictures,
sound records, film, tapes, and information stored in or accessible through computer or
other information storage or retrieval systems, together with the codes and/or
programming instructions and other materials necessary to understand and use such
systems.
3. As used herein, a document or communication “relating to” or “pertaining to” or
“concerning” a given subject means any document or communication that constitutes,
contains, embodies, comprises, reflects, identifies, states, refers to, deals with, comments
on, responds to, describes, involves or is in any way pertinent, directly or indirectly, to
that subject including, without limitation, documents concerning the presentation of other
documents.
4. If, in answering this discovery, you encounter any ambiguity in construing either the
question or a definition or instruction relevant to the inquiry contained in the question, set
forth the matter deemed ambiguous and the construction selected or used in responding to
the request for production.
5. This discovery request is continuing in nature as required by Texas Rules of Civil
Procedure and requires you to supplement your responses promptly if you obtain
additional or different information responsive to such requests.
6. “Identify” or “Identification” shall have the following meanings:
a. “Identify” when used in reference to a person means to state his/her full name,
present or last known residence address, present or last known business address,
and telephone number.
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b. “Identify” when used in reference to a public or private corporation, governmental
entity, partnership, or association means to state its full name, present or last
known business address, or operating address, telephone number, and the name of
the person primarily responsible for its activities and that person's identity.
c. “Identify” when used in reference to a document means to state:
(i) the title, heading, or caption, if any, of every such document;
(ii) whether the document exists;
(iii) whether there are attachments to the document;
(iv) the contents of the document;
(v) the identifying number(s), letter(s), or combination thereof, if any; and the
significance or meaning of such number(s), letter(s), or combination
thereof, if necessary to an understanding of the document and evaluation
of any claim of protection from discovery;
(vi) the date appearing on such document; if no date appears thereon, the
answer shall so state and whenever possible shall give the date or
approximate date on which such document was prepared;
(vii) the number of pages and the general nature or description of such
document (i.e., whether it is a letter, memorandum, minutes of a meeting,
etc.), with sufficient particularity so as to enable such document to be
precisely identified;
(viii) the name and capacity of the person who authored or signed such
document; if it was not signed, the answer shall so state and shall give the
name of the person or persons who prepared it;
(ix) the name and capacity of the person to whom such document was
addressed and the name and capacity of such person, other than such
addressee, to whom such document, or a copy thereof, was sent; and
(x) the physical location of the documents and the identity of its custodian or
custodians.
d. “Identify” when used in reference to an event or act means to state the date,
location, persons present, and a summary of the activity that occurred.
e. “Identify” when used in reference to a communication means to state the
substance of the communication, its date, and the persons participating.
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f. “Identify” when used in reference to a document that is no longer in your
possession or control, or no longer in existence, means to state whether it is:
(i) missing or lost;
(ii) destroyed and, if so, by what person and when;
(iii) transferred voluntarily or involuntarily to others, and if so, to whom; or
(iv) otherwise disposed of and, if so, by what person and when.
In each instance, explain the circumstances surrounding every such disposition thereof;
state the approximate date thereof; and describe the contents of the information
compromising the disposition.
7. “Communication” or “correspondence” means any oral, written, printed, documentary, or
electronic transfer of information, including but not limited to, emails and text messages.
8. “Plaintiffs” or the “Jetts” refers to Raymond D. Jett and Sue E. Jett, Individually and as
Trustee of the Sparks Family Living Trust, and includes all of their affiliates, agents and
all persons acting or purporting to act on behalf of the Jetts in any capacity.
9. “Defendant” or “Putnam Builders” refers to Wimbish Kelly Construction, LLC d/b/a
Putman Builders, Defendant in this Lawsuit, and includes all of its affiliates, agents and
all persons acting or purporting to act on behalf of Putnam Builders in any capacity.
10. “Lawsuit” means the above captioned matter.
11. “You” or “Your” refers to David “Bubba” Ray Kehrer, II.
12. “Property” means the home and real property located at 145 Mary Lane, Bacliff, Texas
77518.
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MATERIALS TO BE PRODUCED
1. Please produce all communications and correspondence between you and the Jetts related
to the Property, including but not limited to, emails and text messages.
2. Please produce all communications and correspondence between you and Putnam
Builders related to the Property, including but not limited to, emails and text messages.
3. Please produce all communications and correspondence between you and any third party
related to the Property, including but not limited to, emails and text messages.
4. Please produce all documents and copies of communications in your possession related to
the Property.
5. Please produce all documents and copies of communications in your possession related to
the slab height and elevation of the Property.
6. Please produce all change orders related to the construction of the home on the Property.
7. Please produce all settlement agreements between you, the Jetts, and/or Putnam Builders
related to the Property.
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OFFICER’S OR PROCESS SERVER’S RETURN
Came to hand the ____ day of _______________, 2021, at _____ o’clock ___M., and
executed the ____ day of ____________________, 2021, at _____ o’clock ___M., by delivering
to the within named David “Bubba” Ray Kehrer, II in person at
______________________________________________________________________________
_____________________________________ in _________ County, Texas, a true copy of this
Subpoena, and tendering said witness the sum of $_______________.
By: ______________________________________
Person who is not a party to the suit and
is not less than 18 years of age.
ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS PER RULE 176 T.C.R.P.
I, the undersigned witness named in the Subpoena acknowledge receipt of a copy thereof, and
hereby accept service of the attached subpoena, and will appear in said court on said date and
time directed in this subpoena.
Rule 176.8(a) Contempt. Failure by any person without adequate excuse to obey a subpoena
served upon that person may be deemed a contempt of the court from which the subpoena is
issued or a district court in the county in which the subpoena is served, and may be punished by
fine or confinement, or both.
________________________________________ ______________________________
Signature of Witness Date
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Preview
Filed: 5/7/2021 9:25 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 53213470 By: Shailja Dixit 5/7/2021 9:28 AM CAUSE NO. 20-CV-1704 RAYMOND D. JETT AND SUE E. JETT, § IN THE DISTRICT COURT OF INDIVIDUALLY AND AS TRUSTEE § OF THE SPARKS FAMILY LIVING TRUST § § Plaintiffs, § § v. § GALVESTON COUNTY, TEXAS § WIMBISH KELLY CONSTRUCTION, LLC § D/B/A PUTNAM BUILDERS § § Defendant. § 122nd JUDICIAL DISTRICT THE STATE OF TEXAS WITNESS SUBPOENA DUCES TECUM PURSUANT TO TEXAS RULE OF CIVIL PROCEDURE 176 TO: ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN RULE Tex. R. Civ. P. 176. YOU ARE HEREBY COMMANDED TO SUMMON David “Bubba” Ray Kehrer, II, located at 805 Thistle Mound CV, Round Rock, Texas 78665, or at any other location where he may be found, and who resides or who may be found within (150) miles of the place of the deposition, to appear at a deposition before a certified court reporter, to be held either virtually via the Zoom platform, or in the offices of CHUNN PRICE & HARRIS, PLLC, located at 14400 Northbrook Dr., Suite 230, San Antonio, Texas 78232, on the 16th day of June, 2021, beginning at 10:00 a.m., to testify as a witness in the above-styled and numbered Civil Action, to remain in attendance from day to day until lawfully discharged, and to bring and produce for inspection and photocopying any and all records described on the attached Exhibit “A” to this subpoena. DUTIES OF PERSON SERVED WITH SUBPOENA You are advised that under Texas Rule of Civil Procedure 176, a person served with a subpoena has certain rights and obligations. Rule 176.6 provides: Page 1 of 9 Witness Subpoena Duces Tecum - David “Bubba” Ray Kehrer, II 541558v.2 S7201/00001 (a) Compliance Required. Except as provided in this subpoena, a person served with a subpoena must comply with the commands stated therein unless discharged by the Court or by the parties summoning such witness. A party commanded to appear and give testimony must remain at the place of the deposition, hearing, or trial from day to day until discharged by the Court or by the party summoning the witness. (b) Organizations. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization. (c) Production of documents or tangible things. A person commanded to produce documents or tangible things need not appear in person at the time and place of production unless the person is also commanded to attend and give testimony, either in the same subpoena or a separate one. A person must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand. A person may withhold material or information claimed to be privileged but must comply with Rule 193.3. A nonparty’s production of a document authenticates the document for use against the nonparty to the same extent as a party’s production of a document is authenticated for use against the party under Rule 193.7. (d) Objections. A person commanded to produce and permit inspection and copying of designated documents and things may serve on the party requesting issuance of the subpoena - - before the time specified for compliance -- written objections to producing any or all of the designated materials. A person need not comply with the part of a subpoena to which objection is made as provided in this paragraph unless ordered to do so by the court. The party requesting the subpoena may move for such an order at any time after an objection is made. (e) Protective Orders. A person commanded to appear at a deposition, hearing, or trial, or to produce and permit inspection and copying of designated documents and things, may move for a protective order under Rule 192.6(b), before the time specified for compliance, either in the Court in which the action is pending or in a district court in the county where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21a. A person need not comply with the part of the subpoena from which the protection is sought under this paragraph unless ordered to do so by the Court. The party requesting the subpoena may seek such an order at any time after the motion for protection is filed. ENFORCEMENT OF SUBPOENA (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the Court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. Page 2 of 9 Witness Subpoena Duces Tecum - David “Bubba” Ray Kehrer, II 541558v.2 S7201/00001 (b) Proof of Payment of Fees Required for Fine or Attachment. A fine may not be imposed, nor a person served with the subpoena attached, for failure to comply with the subpoena without proof by affidavit of the party requesting the subpoena or the party’s attorney of record that all fees due the witness by law were paid or tendered. This Subpoena is issued at the request of Raymond D. Jett and Sue E. Jett, Individually and as Trustee of the Sparks Family Living Trust, Plaintiffs in the above-styled and numbered cause, whose attorney of record is Kendall Valenti Speer, Crady Jewett McCulley & Houren LLP, 2727 Allen Parkway, Suite 1700, Houston, Texas 77019-2125. Date of Issuance: May 7, 2021. SUBPOENA ISSUED BY: CRADY JEWETT McCULLEY & HOUREN LLP Respectfully Submitted, CRADY JEWETT McCULLEY & HOUREN LLP By:/s/ Kendall Valenti Speer J. Daniel Long State Bar No. 24036985 Email: dlong@cjmhlaw.com Kendall Valenti Speer State Bar No. 24077954 Email: kspeer@cjmhlaw.com 2727 Allen Parkway, Suite 1700 Houston, Texas 77019-2125 Telephone: (713) 739-7007 Facsimile: (713) 739-8403 Attorneys for Plaintiffs, Raymond D. Jett and Sue E. Jett, Individually and as Trustee of the Sparks Family Trust Page 3 of 9 Witness Subpoena Duces Tecum - David “Bubba” Ray Kehrer, II 541558v.2 S7201/00001 CERTIFICATE OF SERVICE I hereby certify that on this 7th day of May, 2021, a true and correct copy of the above and foregoing document was served by ECF, and/or email to the parties listed below: David G. Harris CHUNN PRICE & HARRIS, PLLC 1150 N. Loop 1604 W., Suite 108-467 San Antonio, Texas 79248 dharris@cphattorneys.com Attorneys for Defendant, Wimbish Kelly Construction, LLC d/b/a Putnam Builders /s/Kendall Valenti Speer Kendall Valenti Speer Page 4 of 9 Witness Subpoena Duces Tecum - David “Bubba” Ray Kehrer, II 541558v.2 S7201/00001 EXHIBIT A DEFINITIONS AND INSTRUCTIONS 1. Whenever used herein, the singular shall be deemed to include the plural and the plural shall be deemed to include the singular; the masculine shall be deemed to include the feminine and the feminine shall be deemed to include the masculine; the disjunctive (“or”) shall be deemed to include the conjunctive (“and”) and the conjunctive (“and”) shall be deemed to include the disjunctive (“or”); and each of the functional words “each,” “every,” “and” and “all” shall be deemed to include each of the other functional words. 2. “Document” shall mean and include, but is not limited to, any written, recorded, transcribed, punched, taped, filmed, or graphic matter, or any other data compilation of every kind or description however produced or reproduced from which information may be obtained, including without limitation, letters, e-mail, telexes, telegrams, teletypes, correspondence, contracts, agreements, drafts, reports, records, memoranda, mechanical and electrical sound recordings or transcriptions thereof, formal or informal drawings or diagrams, charts, photographs, photographic negatives, calendar or diary entries, manuals, summaries or compilations, and computer software and hardware as those terms are generally understood. It shall include communications in words, symbols, pictures, sound records, film, tapes, and information stored in or accessible through computer or other information storage or retrieval systems, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. 3. As used herein, a document or communication “relating to” or “pertaining to” or “concerning” a given subject means any document or communication that constitutes, contains, embodies, comprises, reflects, identifies, states, refers to, deals with, comments on, responds to, describes, involves or is in any way pertinent, directly or indirectly, to that subject including, without limitation, documents concerning the presentation of other documents. 4. If, in answering this discovery, you encounter any ambiguity in construing either the question or a definition or instruction relevant to the inquiry contained in the question, set forth the matter deemed ambiguous and the construction selected or used in responding to the request for production. 5. This discovery request is continuing in nature as required by Texas Rules of Civil Procedure and requires you to supplement your responses promptly if you obtain additional or different information responsive to such requests. 6. “Identify” or “Identification” shall have the following meanings: a. “Identify” when used in reference to a person means to state his/her full name, present or last known residence address, present or last known business address, and telephone number. Page 5 of 9 Witness Subpoena Duces Tecum - David “Bubba” Ray Kehrer, II 541558v.2 S7201/00001 b. “Identify” when used in reference to a public or private corporation, governmental entity, partnership, or association means to state its full name, present or last known business address, or operating address, telephone number, and the name of the person primarily responsible for its activities and that person's identity. c. “Identify” when used in reference to a document means to state: (i) the title, heading, or caption, if any, of every such document; (ii) whether the document exists; (iii) whether there are attachments to the document; (iv) the contents of the document; (v) the identifying number(s), letter(s), or combination thereof, if any; and the significance or meaning of such number(s), letter(s), or combination thereof, if necessary to an understanding of the document and evaluation of any claim of protection from discovery; (vi) the date appearing on such document; if no date appears thereon, the answer shall so state and whenever possible shall give the date or approximate date on which such document was prepared; (vii) the number of pages and the general nature or description of such document (i.e., whether it is a letter, memorandum, minutes of a meeting, etc.), with sufficient particularity so as to enable such document to be precisely identified; (viii) the name and capacity of the person who authored or signed such document; if it was not signed, the answer shall so state and shall give the name of the person or persons who prepared it; (ix) the name and capacity of the person to whom such document was addressed and the name and capacity of such person, other than such addressee, to whom such document, or a copy thereof, was sent; and (x) the physical location of the documents and the identity of its custodian or custodians. d. “Identify” when used in reference to an event or act means to state the date, location, persons present, and a summary of the activity that occurred. e. “Identify” when used in reference to a communication means to state the substance of the communication, its date, and the persons participating. Page 6 of 9 Witness Subpoena Duces Tecum - David “Bubba” Ray Kehrer, II 541558v.2 S7201/00001 f. “Identify” when used in reference to a document that is no longer in your possession or control, or no longer in existence, means to state whether it is: (i) missing or lost; (ii) destroyed and, if so, by what person and when; (iii) transferred voluntarily or involuntarily to others, and if so, to whom; or (iv) otherwise disposed of and, if so, by what person and when. In each instance, explain the circumstances surrounding every such disposition thereof; state the approximate date thereof; and describe the contents of the information compromising the disposition. 7. “Communication” or “correspondence” means any oral, written, printed, documentary, or electronic transfer of information, including but not limited to, emails and text messages. 8. “Plaintiffs” or the “Jetts” refers to Raymond D. Jett and Sue E. Jett, Individually and as Trustee of the Sparks Family Living Trust, and includes all of their affiliates, agents and all persons acting or purporting to act on behalf of the Jetts in any capacity. 9. “Defendant” or “Putnam Builders” refers to Wimbish Kelly Construction, LLC d/b/a Putman Builders, Defendant in this Lawsuit, and includes all of its affiliates, agents and all persons acting or purporting to act on behalf of Putnam Builders in any capacity. 10. “Lawsuit” means the above captioned matter. 11. “You” or “Your” refers to David “Bubba” Ray Kehrer, II. 12. “Property” means the home and real property located at 145 Mary Lane, Bacliff, Texas 77518. Page 7 of 9 Witness Subpoena Duces Tecum - David “Bubba” Ray Kehrer, II 541558v.2 S7201/00001 MATERIALS TO BE PRODUCED 1. Please produce all communications and correspondence between you and the Jetts related to the Property, including but not limited to, emails and text messages. 2. Please produce all communications and correspondence between you and Putnam Builders related to the Property, including but not limited to, emails and text messages. 3. Please produce all communications and correspondence between you and any third party related to the Property, including but not limited to, emails and text messages. 4. Please produce all documents and copies of communications in your possession related to the Property. 5. Please produce all documents and copies of communications in your possession related to the slab height and elevation of the Property. 6. Please produce all change orders related to the construction of the home on the Property. 7. Please produce all settlement agreements between you, the Jetts, and/or Putnam Builders related to the Property. Page 8 of 9 Witness Subpoena Duces Tecum - David “Bubba” Ray Kehrer, II 541558v.2 S7201/00001 OFFICER’S OR PROCESS SERVER’S RETURN Came to hand the ____ day of _______________, 2021, at _____ o’clock ___M., and executed the ____ day of ____________________, 2021, at _____ o’clock ___M., by delivering to the within named David “Bubba” Ray Kehrer, II in person at ______________________________________________________________________________ _____________________________________ in _________ County, Texas, a true copy of this Subpoena, and tendering said witness the sum of $_______________. By: ______________________________________ Person who is not a party to the suit and is not less than 18 years of age. ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS PER RULE 176 T.C.R.P. I, the undersigned witness named in the Subpoena acknowledge receipt of a copy thereof, and hereby accept service of the attached subpoena, and will appear in said court on said date and time directed in this subpoena. Rule 176.8(a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. ________________________________________ ______________________________ Signature of Witness Date Page 9 of 9 Witness Subpoena Duces Tecum - David “Bubba” Ray Kehrer, II 541558v.2 S7201/00001