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Old 12-10-2004, 04:45 PM
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Drowning by Legal Procedures


What is the name of your state? Illinois

Please Help!
Is anyone aware of any Federal Rule of Civil Procedure requiring defendant to complete affidavits at plaintiff’s request.
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Old 12-10-2004, 05:18 PM
seniorjudge
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What FRCP was the plaintiff's request filed under?
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Old 12-10-2004, 05:38 PM
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You get certain automatic discovery and can compel certain other discovery under R.26. Affidavits are probably not included, depending on what exactly you want in them.
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  #4  
Old 12-11-2004, 09:43 AM
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Quote:
Originally Posted by chgo54x
What is the name of your state? Illinois

Please Help!
Is anyone aware of any Federal Rule of Civil Procedure requiring defendant to complete affidavits at plaintiff’s request.
I don't know of any rule that requires a defendant to complete an affidavit at a plaintiff's request. (Why in the world would you want to do that anyway? You're not going to get a favorable sworn statement from an opposing party.) However, there are procedural rules by which a defenant (and any other witnesses) can be required to answer written questions under oath or be subject to a deposition (at which time they'll be placed under oath.) I think possibly that's where the mixup is.
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