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  1. #1
    TMomof3 is offline Junior Member
    Join Date
    Mar 2005
    Posts
    6

    How do I write a pleading?

    Tennessee

    In short, lost case in general sessions because the defendant's attorney objected to admitting vet bills into case where the defendant's dog attacked my dog and rendered her lame...they said the vet bills were heresay...(thanks I paid $3,000 because my dog really didn't need to walk, I guess)...I appealed it to a higher court where I will subpoena the vet and win my case.

    Today, I received notice from the defendant's (really a nuisance letter but must be responded to) requesting copies of vet bills, identify ever person who has knowledge of the incident and whether I've "interviewed" them, state whether any insurance policy paid all or part of the vet bills (nope, no such luck), state name of all vets that treated your dog, and they want me to identify every person I've ever been married to and birthdates and names of all my chidren. Now that I find irrelevant to this case...I've only been married once and have three children but do I have to give them that information?

    They're also threatening to charge me for their attorney fees...I was told by an attorney they could not do this unless my case was frivolous which he said it was not and I should win. So, I've got 30 days to respond...I need to do it in a pleading...just don't know if each Interrogatory needs it's own pleading or if I do this all in one pleading...and they also asked me to admit that I did not witness the accident (I did not see it...only heard it and my son was the one outside with our dog on a leash when it happened...their dog was at large) and that I have no proof their dog had ever bitten another person or animal.

    I'm willing to put forth the effort to win this, I just don't want to lose on some technicality because I don't know how to do a pleading...any help?
    Thanks!
    Tara
  2. #2
    meganproser Guest
    Today, I received notice from the defendant's (really a nuisance letter but must be responded to) requesting copies of vet bills, identify ever person who has knowledge of the incident and whether I've "interviewed" them, state whether any insurance policy paid all or part of the vet bills (nope, no such luck), state name of all vets that treated your dog, and they want me to identify every person I've ever been married to and birthdates and names of all my chidren. Now that I find irrelevant to this case...I've only been married once and have three children but do I have to give them that information?

    You have received interrogatories, a request for admissions, and a document request. Use those terms to search for info that will help explain these written discovery tools to you. You will find sample answers and advice about how to handle these documents, all over the Net.

    So, I've got 30 days to respond...I need to do it in a pleading...just don't know if each Interrogatory needs it's own pleading or if I do this all in one pleading

    Written discovery is not a pleading. Underneath each question, write the word RESPONSE in bold and then write you answer next to it. Don’t worry about the form being perfect. These answers will go to the defendant, not the court. If they put all of their discovery requests in to one document, answer them in one document.

    You can refuse to answer the question about your family. Your answer would look like this:

    RESPONSE: Objection. Relevance. (Then state why you believe this information is not relevant to the case.)

    Give the shortest answer possible (one sentence or less) to each question. Do not attempt to argue your case or explain any of your answers. Just answer the questions with as little information as you can get away with.

    ...and they also asked me to admit that I did not witness the accident (I did not see it...only heard it

    You DID witness it, because you heard it. Next to where they ask you to admit you didn’t witness it, write, DENIED. Just the one word answer...denied.

    and that I have no proof their dog had ever bitten another person or animal.

    Do you have ANY reason to believe the dog ever bit an animal or person? If so, write “Denied” next to that question. If not, you can write, “Admitted.”

    I'm willing to put forth the effort to win this, I just don't want to lose on some technicality because I don't know how to do a pleading...any help?

    It sounds like you need to learn more about the rules of evidence to prepare your case.

    Good luck!

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