Crazy discovery questions...

[ProSeDadinMD]

What is the name of your state? Maryland

I am currently in the selection process of a lawyer, but received both a “Request for Production of Documents” and a “Request for Response to Interrogatories”.

There are some odd(to me at least) questions on these, such as:

“39. Identify and produce all documents which relate to any agreements, contracts or understandings between you and any member of your family”

“48. Identify and produce your most recent resume and/or CV”

“58. Identify and produce all documents which refer to, evidences and/or relates to any person, other than a family member, who has spent the night at your residence at any time since January 1, 2003”

“59. Identify and produce all documents which reflect the fact that any person other than your and Plaintiff’s daughter has spent the night at your residence at any time since January 1, 2003”

“60. Identify and produce all documents which relate to the income of any person who presently resides in your residence.”
Does this include minors? Or my girlfriend(whom I’ve lived with since 2003)?
“61. Identify and produce all documents which relates to your seeking or receiving any treatment or therapy at any time during the past 10 years for any physical, mental, or emotional condition, including drug addiction or alcoholism.”
I presume that this means my medical records?
“62. Identify and produce the floor-plan for the residence you will occupy when you begin any new employment”
WTF?
“65. Identify and produce all documents which relate to each location since 2004 where your and plaintiff’s child has spent the night”

“66. Identify and produce all documents not all ready identified and produced which relate to any arrest of you since January 1, 1990”
1990? My daughter was born in ’99.

“68. Identify and produce all documents which relate to any of your and plaintiff’s child’s activities at any time since January 1, 2003”

“69. Identify and produce all documents not already identified and produced which relate to the daily routine of your household.”

“76. Identify and produce all documents which reflect or otherwise relate to the daily routine of your household on each day of the week”

“77. Identify and produce all items and things which your and plaintiff’s child has brought into your residence or attempted to bring into your residence at any time since January 1, 2003.”
Do they want me to pack her bedroom up and send it over?
“78. Identify and produce all documents which relate to any item or thing which your and plaintiff’s child has brought into your residence or attempted to bring into your residence at any time since January 1, 2003, including but not limited to, any documents which relate to the disposition of any such item(e.g., whether it was thrown out, still at your residence, etc….), and if any item was thrown out or discarded, any documents which relate to the reason why it was thrown out or discarded.”
Who documents throwing old toys and clothes away?
“82. Identify and produce all documents which relate to your child’s ability to speak the English language.”
School records?
“83. Identify and produce all documents upon which you rely to support your contention as to when your and plaintiff’s child needs to learn the English language.”

And this is just from the POD request. There were 85 total points. Some of these are impossible to answer(If I have no intention of moving any time soon, how can I provide a floor-plan for a new home?).

But this leads me to a question. Can …she … really request income information about someone to whom I’m not related? Including a minor?

Thanks.
PSDIM

 

[Ohiogal]

Read the rules of civil [rocedure. There are limits to how mnay requests/interrogs can be asked without a court order. Object to any question/request beyond that. Then use other objections to object to the rest.

 

[ProSeDadinMD]

OG, I've done that. I don't see any mention of any limits.

 

[GrowUp!]

Actually what you are looking for is this:

Rule 104. Discovery

1. Limitation on Number of Requests for Production and Requests for Admission[/I][/B]
"Unless otherwise ordered by the Court, or agreed upon by the parties, no party shall serve
upon any other party, at one time or cumulatively, more than 30 requests for production, or more than 30 requests for admission (other than requests propounded for the purpose of establishing the authenticity of documents or the fact that documents constitute business
records), including all parts and sub-parts."

What this means is that ONLY 30 questions, requests for productions and/or requests for admissions may be asked ALTOGETHER. Each question/item constitute as one.

So, you are only legally obligated to answer the first 30 interrogatories. For 31 and beyond, simple respond with the following:

"Objection. Loc. R.104.1 states 'Unless otherwise ordered by the Court, or agreed upon by the parties, no party shall serve upon any other party, at one time or cumulatively, more than 30 requests for production, or more than 30 requests for admission (other than requests propounded for the purpose of establishing the authenticity of documents or the fact that documents constitute business records), including all parts and sub-parts.'"

Within the first 30, you can still object to them if you consider them irrelevant by simply stating "Objection. Irrelevant." (for some, you might need to expand slightly).

Also, here are the other rules regarding Discovery in MD. If she is not following the rules, object to the others based on that.

2. Timely Written Discovery Requests Required
Interrogatories, requests for production, motions for physical and mental examination, and
written deposition questions must be made at a sufficiently early time to assure that they are answered before the expiration of the discovery deadline set by the Court. Unless otherwise ordered by the Court, no discovery deadline will be extended because written discovery requests remain unanswered at its expiration.

3. Discovery to Proceed Despite Existence of Disputes
Unless otherwise ordered by the Court, the existence of a discovery dispute as to one matter does not justify delay in taking any other discovery.

4. Commencement of Discovery
Unless otherwise ordered by the Court or agreed upon by the parties, discovery shall not
commence and disclosures need not be made until a scheduling order is entered.

5. Discovery Materials Not to Be Filed With Court
Unless otherwise ordered by the Court, written discovery requests, responses thereto, notices of service of discovery requests or responses, depositions, and disclosures under Fed. R. Civ. P. 26(a) (1) and (2) shall not be filed with the Court. The party propounding written discovery or taking a deposition shall be responsible for retaining the original copies of the discovery materials (including the certificates of service) and shall make them available for inspection by any other party.

6. Format of Responses to Interrogatories and Requests for Production
Responses to interrogatories and requests for production shall set forth each interrogatory or request followed by the answer and/or a brief statement of the grounds for objection, including a citation of the main applicable authorities (if any).

7. Conference of Counsel Required
Counsel shall confer with one another concerning a discovery dispute and make sincere
attempts to resolve the differences between them. The Court will not consider any discovery motion unless the moving party has filed a certificate reciting (a) the date, time and place of the discovery conference, and the names of all persons participating therein, or (b) counsel's attempts to hold such a conference without success; and (c) an itemization of the issues requiring resolution by the Court.

8. Procedure Regarding Motions to Compel
The following procedure shall be followed in litigating motions to compel answers to
interrogatories and requests for production or entry upon land as to which a response has been served. This procedure shall not govern motions to compel (a) answers to interrogatories or to requests for production or entry upon land where no responses at all have been served, (b) answers to deposition questions or (c) responses to discovery requests directed to a nonparty. Such latter motions shall be filed with the Court and treated as any non-discovery motion, except that, as to disputes concerning discovery directed to a non-party, unless otherwise directed by the Court, the Court will not consider the motion until a conference has been held under L.R. 104.8.b and a certificate has been filed under L.R. 104.8.c.
a. Service of Motions and Memoranda
If a party who has propounded interrogatories or requests for production is dissatisfied with the response to them and has been unable to resolve informally (by oral or written
communications) any disputes with the responding party, that party shall serve a motion to
compel within thirty days of the party's receipt of the response. The memorandum in
support of the motion shall set forth, as to each response to which the motion is directed,
the discovery request, the response thereto, and the asserted basis for the insufficiency of
the response. The memorandum shall be succinct and need not include citation to legal
authorities unless such citation is necessary in order to understand the issues presented.
The opposing party shall serve a memorandum in opposition to the motion within fourteen
days thereafter. The moving party shall serve any reply memorandum within eleven days
thereafter. The parties shall file with the Court notices of service of the motion and
memoranda. In cases subject to electronic filing, the motion and memoranda should be
attached to the notices filed with the Court. In cases exempt from electronic filing, the
motion and memoranda should not be filed with the Court. Extensions of time given by the
parties to one another to serve any document hereunder need not be approved by the
Court, provided, however, that no extension of time limits set in any scheduling order
entered by the Court shall be made without the Court's prior approval.

b. Conference of Counsel
Counsel are encouraged to confer with one another before or immediately after a motion to compel is served. If they are unable to resolve their disputes, counsel must hold the
conference required by L.R. 104.7 after serving upon one another all of the documents
relating to the motion to compel.

 

[ProSeDadinMD]

Actually what you are looking for is this:

Rule 104. Discovery

Ok, I found that online, but that seems to be for District Court. We are going through the Circuit Court. Do the rules for District Court apply there?

 

[casa]

Actually what you are looking for is this:

Rule 104. Discovery

1. Limitation on Number of Requests for Production and Requests for Admission[/I][/B]
"Unless otherwise ordered by the Court, or agreed upon by the parties, no party shall serve
upon any other party, at one time or cumulatively, more than 30 requests for production, or more than 30 requests for admission (other than requests propounded for the purpose of establishing the authenticity of documents or the fact that documents constitute business
records), including all parts and sub-parts."

What this means is that ONLY 30 questions, requests for productions and/or requests for admissions may be asked ALTOGETHER. Each question/item constitute as one.

So, you are only legally obligated to answer the first 30 interrogatories. For 31 and beyond, simple respond with the following:

"Objection. Loc. R.104.1 states 'Unless otherwise ordered by the Court, or agreed upon by the parties, no party shall serve upon any other party, at one time or cumulatively, more than 30 requests for production, or more than 30 requests for admission (other than requests propounded for the purpose of establishing the authenticity of documents or the fact that documents constitute business records), including all parts and sub-parts.'"

Within the first 30, you can still object to them if you consider them irrelevant by simply stating "Objection. Irrelevant." (for some, you might need to expand slightly).

Also, here are the other rules regarding Discovery in MD. If she is not following the rules, object to the others based on that.

LMAO! Some of those are absolutely ridiculous!

I actually liked some of your answers. ie; the question asking for info. back to '90 and you noted "daughter was born in '99"

She can 'request' anything she wants...whether she gets it, is another matter. I would certainly object to providing ANY information about a minor you are not related to and simply note that they would need that child's parent's consent.

And, I also would NOT provide any records medical/psychiatric ...unless a judge or subpoena for them. What is the relevance? If she 'thinks' you have a medical or psychiatric condition which prevents you from parenting....let her prove it.

Her attorney must think you will be so naive as to just give them any/everything they want.

 

[nextwife]

“39. Identify and produce all documents which relate to any agreements, contracts or understandings between you and any member of your family”

Who has "documents" for "understandings? Does that mean if there's an "understanding" I get the fine china someday and brother gets the sterling flatware???? Or an understanduing that I'll get mom's piano from brother when they get the bigger one?

“48. Identify and produce your most recent resume and/or CV”

What's a cv? I've been working since 1978, and I don't think I've ever had a CV.

“58. Identify and produce all documents which refer to, evidences and/or relates to any person, other than a family member, who has spent the night at your residence at any time since January 1, 2003”

“59. Identify and produce all documents which reflect the fact that any person other than your and Plaintiff’s daughter has spent the night at your residence at any time since January 1, 2003”

I'd ask for the same from MOM!

“60. Identify and produce all documents which relate to the income of any person who presently resides in your residence.”

If I were the girlfriend, I would sure refuse to provide my income info to anyone without a court order to ME requiring that I provide it. Including a boyfriend.

Does this include minors? Or my girlfriend(whom I’ve lived with since 2003)?
“61. Identify and produce all documents which relates to your seeking or receiving any treatment or therapy at any time during the past 10 years for any physical, mental, or emotional condition, including drug addiction or alcoholism.”

Aromatherapy? Massage therapy? That's a pretty broad sweep
I presume that this means my medical records?
“62. Identify and produce the floor-plan for the residence you will occupy when you begin any new employment”

Wow. I've OWNED my home since 1996 and I don't have a correct floor plan. The building inspections records precede mid-construction modifications, and those changes aren't even in the blueprints. I sold real estate for years, and many properties don't have a recorded floor plan anywhere.
WTF?
“65. Identify and produce all documents which relate to each location since 2004 where your and plaintiff’s child has spent the night”

Isn't this YOUR child? If not, then why is any of this relevant?

I sure don't have "documents" for every place I've stayed with my child. Why would someone keep the hotel receipt for a weekend in Miami, or the Dells?

“66. Identify and produce all documents not all ready identified and produced which relate to any arrest of you since January 1, 1990”
1990? My daughter was born in ’99.

“68. Identify and produce all documents which relate to any of your and plaintiff’s child’s activities at any time since January 1, 2003”

WTF???? Every receipt from Blockbuster? A "document" backing up every trip to the museum, to a park, to the fireworks at the lakefront, to school events? Who keeps documents of everywhere they go with their kid. I sure couldn't produce that.

“69. Identify and produce all documents not already identified and produced which relate to the daily routine of your household.”

I'm inclined to make a comment about regularity, but am refraining.

“76. Identify and produce all documents which reflect or otherwise relate to the daily routine of your household on each day of the week”

During or not during Packer Season?

“77. Identify and produce all items and things which your and plaintiff’s child has brought into your residence or attempted to bring into your residence at any time since January 1, 2003.”
Do they want me to pack her bedroom up and send it over?

Send the kids socks without mates? Again, there's zillions of things a kid uses and outgrows that come in and out of a child's room over a four year period. I know I could never begin to "document" that stuff.
“78. Identify and produce all documents which relate to any item or thing which your and plaintiff’s child has brought into your residence or attempted to bring into your residence at any time since January 1, 2003, including but not limited to, any documents which relate to the disposition of any such item(e.g., whether it was thrown out, still at your residence, etc….), and if any item was thrown out or discarded, any documents which relate to the reason why it was thrown out or discarded.”
Who documents throwing old toys and clothes away?
“82. Identify and produce all documents which relate to your child’s ability to speak the English language.”
School records?
“83. Identify and produce all documents upon which you rely to support your contention as to when your and plaintiff’s child needs to learn the English language.”

Yikes.
Have fun! This is way over the top

 

[qurice]

Nextwife: A résumé, also known as a curriculum vitæ (CV)

Must be a regional thing.. no one 'round these parts call it a CV.

 

[qurice]

“62. Identify and produce the floor-plan for the residence you will occupy when you begin any new employment”
WTF?

That would be my response to pretty much all those

 

[Silverplum]

Nextwife: A résumé, also known as a curriculum vitæ (CV)

Must be a regional thing.. no one 'round these parts call it a CV.

It's in wide use here, but only amongst the highly educated: PhD/professor/doctor/lawyer types.

 

[qurice]

It's in wide use here, but only amongst the highly educated: PhD/professor/doctor/lawyer types.

I guess we're all a bunch of dummies in TX. Yee-haw!

Edited to add: .. with the exception of ceara of course!

 

[tranquility]

Originally Posted by ProSeDadinMD
“62. Identify and produce the floor-plan for the residence you will occupy when you begin any new employment”
WTF?

Actually for that particular one might be document is not in the possession or control of the respondent.

For most of the other ones, rather then the medical school "WTF", the law school jargon is, "This request is overbroad and burdensome."

 

[ProSeDadinMD]

Thanks...

...for the replies and support. My gf and I got a good laugh out of some of those as we read them last night.

So, back to my last question.... Do the rules of District Court apply to Circuit court in the same jurisdiction?

 

[ceara19]

...for the replies and support. My gf and I got a good laugh out of some of those as we read them last night.

That list is ridiculous. It reminded me of the requests my ex made during our divorce. He showed up after being MIA for 8 MONTHS with claims that I withheld important information about the children's whereabouts from him while he was gone. First of all, we were in the SAME place the entire time and I had no idea where he was or how to get in touch with him, even AFTER hiring a PI to try and track him down.

He asked the court to order me to notify him, and if he was unavailable to leave the information with his girlfriend, every time the children's physical location changed 7 days in advance or no more then 24 hours after their physical location had changed in the event that advance notice was not possible. My attorney, his attorney and even the Judge were all stunned when I agreed to it without argument.

It didn't take long for him and his girlfriend to get fed up with me following the request to the letter. EVERYTIME the children's location changed, I called. They were especially irritated with the calls notifying them that one of the children had changed locations from the upper right side of their bed to the lower left side at 3 in the morning. Surprisingly, the only thing the Judge had to say was "Be careful what you wish for".

 

[GrowUp!]

So, back to my last question.... Do the rules of District Court apply to Circuit court in the same jurisdiction?

I didn't realize you were in District Court. I don't have the time, but do a Google search for Maryland District Court Rules and see what you come up with. Maybe also Maryland Supreme Court (might have better luck with that). Most likely, the discovery requirements would be the same between each.

As far as the med records go (and thanks to casa for bringing it up), federal law prohibits it under HIPPA. She is not entitled to it and even if she would try to subpoena it, she would need a DAMN good reason (f___ing damn good reason LOL) for the request. But keep in mind if there is ANY medical history with you, do NOT mention it at all in any motion because once you do, you have opened up the flood gates for her to inquire.

All I know is I would have a blast filling this out -- just to be a smartass -- of course, after I objected to it and including language (which is drawing a blank right now)...like "daily activities." Well, around 4am, I get up and take a massive p**s. Then if I had alot of fiber the night before..." LOL

Floor plan of the house? Just draw a stick figure-like house. Or include a picture of house with yellow police tape "Crime scene" around it. Maybe some boarded up windows would add to the affect. Or "I 'plan' to have various rugs and carpeting on my 'floor.'

In regards to 58...I'd answer something like "well, I didn't get all of their names and/or maybe I did, but I don't remember as it wasn't really important at the time, but I can tell you how hott they all were. You (your ex) should take note."

In regards to 61, answer to her with a question. "Do 'happy endings' count after a massage?"

For 77...the child has attempted, more than once, to bring in the mother's beastiality videos.



Quite honestly, if I got somethign like this, I'd respond, then immediately file a motion for sanctions with the court. These are outrageous and uncalled for.