What is the name of your state (only U.S. law)? New York, Federal
I have a verified complaint with precise facts listed, but would like to know if I also have to submit a declaration with exhibits attached (and referred to in the brief to oppose an FRCP 12b motion to dismiss)? The verified complaint begins with the language: "Unless indicated, these facts come from my personal knowledge or documented sources." and ends with "I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief." In other words, the complaint indicates which of the relatively few areas are based on my belief (and thus subject to discovery).
At this stage, before discovery, I would prefer not to attach exhibits because (a) they are business records, and I don't want the defendants accusing me of gathering them improperly (even though most, if not all, were emails to/from me and/or non-confidential files created by me) and (b) I don't want to reveal work product since one of the causes of action partially relies on interviews. According to FRCP 807, I believe I can provide just the interviewees' contact info when requested during discovery. Correct?
I have a verified complaint with precise facts listed, but would like to know if I also have to submit a declaration with exhibits attached (and referred to in the brief to oppose an FRCP 12b motion to dismiss)? The verified complaint begins with the language: "Unless indicated, these facts come from my personal knowledge or documented sources." and ends with "I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief." In other words, the complaint indicates which of the relatively few areas are based on my belief (and thus subject to discovery).
At this stage, before discovery, I would prefer not to attach exhibits because (a) they are business records, and I don't want the defendants accusing me of gathering them improperly (even though most, if not all, were emails to/from me and/or non-confidential files created by me) and (b) I don't want to reveal work product since one of the causes of action partially relies on interviews. According to FRCP 807, I believe I can provide just the interviewees' contact info when requested during discovery. Correct?