I think she needs to know WHAT discovery to do - WHAT RFAs, PODs etc.
Maybe I'm wrong. I'll leave it up to the two of you.
REQUEST FOR PRODUCTION
DEFINITIONS
For these Requests:
A. The terms ″person” or “persons” shall mean all entities, including but not limited to
individuals, groups, or associations however formed.
B. The term “you” refers to Plaintiff, including all past and current employees and agents
of this Plaintiff, and any person over which this Plaintiff exercises the power to control and
direct.
C. The term “document” means any written, recorded, or graphic matter whether
produced, reproduced or stored on papers, cards, tapes, belts, or computer devices or any other
medium in your possession, custody or control, or known by you to exist, and includes all
originals, and all prior drafts. It includes all original business records, non-identical copies,
computations, memoranda of oral or telephone conversations, tabulations, records of
correspondence, notes made on other documents, microfilms, etc.
D. The term “identify” when referring to a person asks for the following information:
(1) Full name;
(2) Present or last known residential address and present or last known business
address;
(3) Present or last known telephone number;
(4) If an individual, the present or last known occupation, job title, employer, and
employer’s address;
(5) If an entity, the present or last known description of the type of entity
(partnership, corporation, etc.) and main purpose of the entity.
E. The term “identify” when referring to a document asks for the following information:
(1) Form of the document (letter, notation on card, etc.)
(2) Title or heading of document, if any
(3) Date of creation of the document, and date of any alteration to the
document
(4) Complete information to identify creator and recipient of the document
(5) Present location of the document and custodian of the document
DEFENDANT XXXXX, appearing pro se, requests Plaintiff to produce for inspection and copying the original of the following documents and things at the offices of Plaintiff or such other place as the parties may hereafter agree.
These Requests for Production of Documents shall be deemed continuing so as to
require supplementary answers if you obtain further information between the time
answers are served and the time of trial.
1. Any and all applications for credit, omitting nothing there from, made by or on behalf
of the Defendant to xxxxxx.
2. Any and all documents, omitting nothing there from, bearing Defendant’s signature
that in any way supports the Plaintiff’s claim.
3. Any and all documents, omitting nothing there from, whether or not signed or alleged
to have been signed by the Defendant that in any way supports the Plaintiff’s claim.
4. Any and all charge slips, omitting nothing there from, signed or alleged to have been
signed by the Defendant under the open account with xxxxxxxx.
5. Any and all charge slips, omitting nothing there from, whether or not signed or
alleged to have been signed by the Defendant under the open account with xxxxxxx.
6. Any and all periodic billing statements issued to anyone, including the Defendant,
omitting nothing there from, both those showing actual purchases and those merely
showing the balance brought forward, under the open account with xxxxxxxxxx
that is referred to in your complaint, or in any other way related to or part of the
balance upon which you are suing.
7. Any and all correspondence between xxxxxxxxx and the Defendant, omitting
nothing there from, related in any way to transactions that you allege are part of the
balance sued for under the open account with xxxxxxxxx, or the account sued
for in general.
8. Any and all correspondence between the Plaintiff and Defendant, omitting nothing
there from, related in any way to the open account with xxxxxxx that is
referred to in your complaint, or to the account sued for in general.
9. Any and all correspondence between the Plaintiff and Plaintiff’s attorney, omitting
nothing there from, related in any way to the open account with xxxxxxxxx
that is referred to in your complaint, or to the account sued for in general.
10. Any and all correspondence between the Plaintiff and any other debt collection agency, omitting nothing there from, related in any way to the open account with xxxxxxxxxx that is referred to in your complaint, or to the account sued for in general.
11. Any and all correspondence between the Plaintiff and any other collection agency,
omitting nothing there from, related in any way to the open account with xxxxxxxx that is referred to in your complaint, or to the account sued for in general.
12. Any and all correspondence between the Plaintiff and any entity, omitting nothing
there from, related in any way to the open account with xxxxxxxx that is
referred to in your complaint, or to the account sued for in general.
BY:_________________________________
XXXXXXX, Defendant, pro se
Address
City, state zip
Telephone#
CERTIFICATE OF SERVICE
UNDER PENALTY OF PERJURY, I certify that a copy of the foregoing was provided
by U.S. Mail, postage fully pre-paid Certified Return Receipt Request, Return Receipt Number
XXXXXX to ATTORNEY NAME AND ADDRESS.
________________________________________
STATE OF CALIFORNIA
COUNTY OF XXXXX
BEFORE ME personally appeared NAME who, being by me duly sworn and identified in
accordance with California Law, did execute the foregoing in my presence this _______ day of
______________ 2007.
________________________________________
Notary Public
My commission expires:_____________________
Honestly, though, I am happy to read all ideas, recommendations, stories, etc Even ones which may not exactly pertain to these circumstances. This is a good learning process.