Interrogatory due in the morning. SOS!

[>Charlotte<]

What is the name of your state? NC

I hope a lawyer is still up. I'll give you the short version first in case all the other gobbledygook isn't necessary.

If a response to an interrogatory includes a specific set of documents, is it okay to provide only a sampling of the documents, or is this an issue of not being able to pick and choose which documents one presents? The issue isn't the actual content of the documents, just that this type of document exists.

If that's not clear enough, I'll explain:

My employer is the plaintiff. The defendants have responded with an interrogatory and request for documentation. We sat down with our lawyer and made a list of all the documents I needed to gather for each category, and I was told to add anything else I thought of. I just realized that a weekly report I prepare should probably be included. The problem is, we're going back to 2002 so 52 documents x six years is a lot of documents. I have to have all of this in our attorney's office tomorrow morning, so I don't have time to scan all of them.

I'm not submitting this because of the actual content, I just want to show that this report is something we do. Neither the inclusion of all nor the absence of some would cast the plaintiff or the defendant in a favorable or unfavorable light, but I know picking and choosing what one wants to provide as evidence can be a problem.

So do you think I should just forget it, or go for it, or is this a "we really can't answer that because it depends" issue?

 

[garrula lingua]

It does depend on the specifics of the case.

I would supply your attorney with two copies from different dates, with SAMPLE NEWSLETTER written across. Let your atty decide if it should be provided.

Your atty should go through (& copy) all responses and documents provided.

The Interrogatories usually only require written responses ... how was the question regarding documents framed ?

Is there also a Request For Production of Documents ?

 

[>Charlotte<]

Yes, there is a Request For Production of Documents. I thought I was working on the Interrogatory because the documents I'm gathering are categorized to each corresponding item on the POD which, in turn, corresponds to each item on our Complaint. For example, our response to Interrogatory 2 is "The defendants worked for the Plaintiff", so I'm providing documents that show they worked for the Plaintiff. Our attorney is creating the actual response. So yes, you're right, I guess I'm working on the POD.

The question regarding the request for documents was something along the lines of "Provide documents showing that employees are informed of publicly bid projects in advance of the bid date." In addition to the other evidence, I can show that a list of projects was provided to the salesman on a weekly basis. I don't think the actual projects shown on that report matter, just the existence of the reports themselves.

I know I should let our attorney decide but by the time he is able to tell me "Scan them all" it will be too late to scan them.

I guess I'll do as you suggested and go ahead and submit a couple of samples to see if I get away with it. If he does want them all, perhaps he can get another extension to give me time to scan all of them.

I have to say, if I had to deal with "Identify Person A's relationship with Item C(a) relevent to sub-paragraph 21.7 as it pertains to Item 1.5(b)1 as shown in paragraph 43, including fiscal years 2004 and 2005 as outlined in sub-sub paragraph Z" on a daily basis, I'd be barking mad. You attorneys are amazing.

Thanks, G.

 

[garrula lingua]

You attorneys are amazing.

No, you are. You're the one staying up late working too hard.

I know you already know,
... usually, a reply to a POD is very specific - the exact docs requested.
Too many, and there is an appearance of flooding the requestor with a ton of irrelevant info (with the important info buried).
Too little, and then there is a basis for the defendant to object to any such doc used by plaintiff later in the case.
If the newsletter is something your atty may use as proof in his case, I'd produce it.

I don't think I'd write SAMPLE on it if it contains any info on bids/projects. I would read the newsletters to see which ones specifically contain bid information and produce only those ... but you/your atty may feel differently.