Sample Discovery Documents Part 4

7. Sample Special Interrogatories 1 2 PAUL SAMPLE 123 ANYSTREET SACRAMENTO, CA, 95814 916-555-1234 Defendant, In Pro Per 3 4 5 6 7 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 8 9 ) ) ) ) ) ) ) ) ) ) 10 ACME, INC. 11 Plaintiff(s) 12 vs. 13 PAUL SAMPLE 14 Defendant(s) Case No.: 34-2010-00099999 DEFENDANT PAUL SAMPLE’S SPECIAL INTERROGATORIES TO PLAINTIFF ACME, INC'S SET ONE 15 16 17 PROPOUNDING PARTY: RESPONDING PARTY: SET NUMBER: PAUL SAMPLE. ACME INC. ONE (1) 18 To plaintiff, Acme, Inc. and to its attorney: 19 Defendant, Paul Sample, requests that Plaintiff, Acme, Inc. respond to the following 20 interrogatories separately and fully in writing and under oath, pursuant to Section 2030.010 et 21 seq. of the Code of Civil Procedure, and that the response be signed by the person making them 22 and be served on Defendant, Paul Sample within 30 days (35 days if these Interrogatories were 23 served by mail within California) from the date of service. 24 In answering these interrogatories, furnish all information that is available to you. If you 25 cannot answer an interrogatory completely, answer it to the extent possible. If you do not have 26 personal knowledge sufficient to respond fully to an interrogatory, so state, but make a 27 reasonable and good faith effort to obtain the information by inquiry to other natural persons or 28 organizations, unless the information is equally available to the propounding party. 1 Definitions: 2 ACCIDENT means the motor vehicle accident of May 2, 2007 alleged in the Plaintiff’s 3 Complaint. 4 5 6 Interrogatory No. 1: What was the weather at the time of the ACCIDENT? 7 8 9 10 Interrogatory No. 2: How fast was Acme, Inc.'s delivery truck traveling in the moments just prior to the ACCIDENT? 11 12 13 14 Interrogatory No. 3: At the time of the ACCIDENT was the driver of the delivery truck owned by Acme, Inc. talking on a cellular phone? 15 16 Interrogatory No. 4: 17 During the year prior to the ACCIDENT, were there any complaints made by any individual or 18 entity to the Plaintiff regarding the driving of the Acme, Inc. driver involved in the ACCIDENT? 19 20 Interrogatory No. 5: 21 Describe any and all times within the last year that the delivery truck involved in the 22 ACCIDENT owned by Acme, Inc. was serviced or maintained, including the dates of the service 23 and a description of the services performed. 24 25 26 27 28 By: ______________________ Paul Sample, Defendant, In Pro Per 8. Sample Responses to Special Interrogatories 1 2 PAUL SAMPLE 123 ANYSTREET SACRAMENTO, CA, 95814 916-555-1234 Defendant, In Pro Per 3 4 5 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 7 8 9 10 ACME, INC. Plaintiff(s) 11 12 vs. 13 PAUL SAMPLE Defendant(s) 14 ) ) ) ) ) ) ) ) ) ) Case No.: 34-2008-00009999 DEFENDANT PAUL SAMPLE’S RESPONSES TO PLAINTIFF ACME, INC'S SPECIAL INTERROGATORIES SET ONE 15 PROPOUNDING PARTY: RESPONDING PARTY: SET NUMBER: 16 17 18 ACME, INC. PAUL SAMPLE ONE (1) RESPONDING PARTY hereby answers PROPOUNDING PARTY’s Special Interrogatories: 19 20 21 RESPONSE TO SPECIAL INTERROGATORY 1: The road conditions were clear on May 2, 2007. RESPONSE TO SPECIAL INTERROGATORY 2: Just prior to the accident I was traveling at approximately 35 MPH. 22 23 RESPONSE TO SPECIAL INTERROGATORY 3: I was not talking on a cell phone at the time of the accident. 24 RESPONSE TO SPECIAL INTERROGATORY 4: 25 No. 26 27 28 1 RESPONSE TO SPECIAL INTERROGATORY 5: 2 The vehicle in question was serviced as follows: 3 June 19, 2009 Oil change 4 August 4, 2009 Right front tire was replaced 5 November 18, 2009 The engine was tuned up, and the spark plugs replaced.. 6 I declare under penalty of perjury under the laws of the State of California that the 7 8 foregoing is true and correct. 9 Dated: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Paul Sample, Defendant In Pro Per 9. Sample Request for Production 1 2 PAUL SAMPLE 123 ANYSTREET SACRAMENTO, CA, 95814 916-555-1212 Defendant, In Pro Per 3 4 5 6 7 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 8 9 ) ) ) ) ) ) ) ) ) ) 10 ACME, INC. 11 Plaintiff(s) 12 vs. 13 PAUL SAMPLE 14 Defendant(s) Case No.: 34-2010-00099999 DEFENDANT PAUL SAMPLE’S REQUEST FOR PRODUCTION OF DOCUMENTS OR THINGS SET ONE 15 16 PROPOUNDING PARTY: RESPONDING PARTY: SET NUMBER: 17 PAUL SAMPLE. ACME, INC. ONE (1) 18 To Plaintiff, Acme, Inc. and to its attorney of record: 19 Defendant, Paul Sample, demands that you produce and permit the inspection and copying by or 20 on behalf of himself/herself of the documents and/or tangible things in the categories described 21 below. 22 PLACE AND TIME OF PRODUCTION: 23  Production is to be by production of the original documents or things for inspection and 24 copying at: Fred’s copy shop, 321 Any Blvd., Sacramento, CA 95815, on May 1, 2009 at 9:00 25 a.m.. Requesting party, or requesting party’s agent will inspect and copy the documents and then 26 return forthwith to the responding party or responding party’s agent the original documents or 27 things. If unable to produce documents on this date, please contact the requesting party before 28 this date to set up a mutually agreeable time and date. 1  Production may be satisfied by serving by mail to 123 Anystreet, Sacramento, CA 95814, 2 legible copies of the items to be produced accompanied by a written affidavit stating that they are 3 true copies no more than thirty-five (35) days after service of this Request. If any document is 4 two-sided, a copy of both front and back is required. Originals may instead be produced for 5 inspection and copying by the requesting party or requesting party’s agent at Fred’s copy shop, 6 321 Any Blvd., Sacramento, CA 95815, on May 1, 2009 at 9:00 a.m. 7 8  Inspection of the documents or tangible things described below is to be at their present 9 location, 321 Anyotherstreet, Sacramento, CA 95815 on May 1, 2009 at 9:00 a.m. If unable to 10 produce documents and/or things on this date, please contact the requesting party before this date 11 to set up a mutually agreeable time and date. 12 13 14 CATEGORY OF DOCUMENTS OR THINGS TO BE PRODUCED: 1. Any and all non-privileged statements, correspondence, or other documents, you contend 15 were sent to the Defendant by the Plaintiff or Plaintiff’s Assignor(s) regarding the debt 16 alleged in the Complaint within the five years preceding February 1, 2010. 17 2. Any and all non-privileged correspondence or other document in your possession or 18 control sent by the Defendant to the Plaintiff or the Plaintiff’s assignors in the five years 19 preceding February 1, 2010. 20 21 22 23 3. Any and all non-privileged documents evidencing any payment on the debt or account alleged in the Complaint by the Defendant in the five years preceding February 1, 2010. 4. Any and all non-privileged documents identified in your responses to the Form Interrogatories, Set One, served with this request. 24 Respectfully submitted, 25 Dated: April 16, 2009 26 27 28 By: ______________________ Paul Sample, Defendant In Pro Per 10. Sample Response to Request for Production 1 2 PAUL SAMPLE 123 ANYSTREET SACRAMENTO, CA, 95814 916-555-1234 Defendant, In Pro Per 3 4 5 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 7 8 9 10 ACME, INC. Plaintiff(s) 11 12 vs. 13 PAUL SAMPLE 14 Defendant(s) ) ) ) ) ) ) ) ) ) ) Case No.: 34-2010-00099999 DEFENDANT PAUL SAMPLE’S RESPONSES TO PLAINTIFF ACME, INC'S REQUEST FOR PRODUCTION SET ONE 15 16 PROPOUNDING PARTY: RESPONDING PARTY: SET NUMBER: ACME, INC. PAUL SAMPLE ONE (1) 17 18 RESPONDING PARTY hereby answers PROPOUNDING PARTY’s Request for Production: 19 RESPONSE TO REQUEST FOR PRODUCTION 1: 20 The production demanded in Request No. 1 will be allowed in whole. The documents requested 21 are in possession of the Defendant and will be included in this production. 22 23 RESPONSE TO REQUEST FOR PRODUCTION 2: 24 Is unable to comply with Request No. 2 because no such documents exist. A diligent search and 25 a reasonable inquiry have been made in an effort to comply with this demand. 26 27 28 1 RESPONSE TO REQUEST FOR PRODUCTION 2: 2 Is unable to comply with Request No. 3 because the documents requested were lost in a fire on 3 May 2, 2008. The documents that were lost consisted of monthly bank statements from Bank 4 Co. for the account alleged in the Complaint during the entire period requested, five color 5 photographs taken by Paul Sample, on or around June, July, September, November, and 6 December of 2008 of the exterior of the defendant’s home. A diligent search and reasonable 7 inquiry have been made in an effort to comply with this demand. 8 9 RESPONSE TO REQUEST FOR PRODUCTION 3: 10 The responding party will produce the documents in his possession and control, however cannot 11 fully comply with Request No. 3 because some documents are no longer in the possession and 12 control of the responding party. The original of these documents were given to Henry Example, 13 at 11224 Elm Street, Sacramento, California, no telephone number is presently known for him. 14 These documents included a contract for the sale of a 1966 Chevrolet Impala dated on or around 15 May 1, 2000, and signed by Paul Sample and Henry Example. The original of this contract was 16 in the possession of Henry Example, and a duplicate was in the possession of the responding 17 party. The duplicate was lost in a fire on May 2, 2008. A diligent search and a reasonable 18 inquiry have been made in an effort to comply with this demand. 19 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is 21 true and correct. Dated: 22 23 24 25 26 27 28 Paul Sample, Defendant In Pro Per 11. Remedies for Discovery Problems REMEDIES FOR DISCOVERY PROBLEMS I sent a discovery request out, and there was no response. Type of Discovery Steps: Request for Admissions Meet and confer A “meet and confer” letter is preferred but is not required. Motion Motion to Deem Admissions Admitted. If no Admissions are served prior to the motion hearing date, the facts alleged in the Request for Admissions may be deemed true. This motion has mandatory attorney fee sanctions, however, selfrepresented litigants are limited to the cost of the motion filing fee. Form or Special Interrogatories, Request for Production A “meet and confer” letter is preferred, and is generally necessary to request any sort of monetary sanction Motion to compel responses. If granted, this motion will order the other side to serve responses without objection by a specific date. Monetary sanctions are usually not awarded if the motion is not opposed. Self-represented litigants are limited to the cost of the motion filing fee. The responses I received are incomplete, or contain legal objections without merit. Type of Discovery Steps: Meet and confer Motion Request for Admissions, Form and Special Interrogatories, Request for Production A “meet and confer” letter is generally required before filing the motion, to give each side an opportunity to resolve the dispute, before filing a motion. Motion to Compel Further Responses. The party requesting discovery may ask the court for an order directing the answering party for more complete answers. This motion must be filed within 45 days of the inadequate response being served, but is extended slightly for service by mail, overnight mail, etc. pursuant to Code of Civil Procedure Section 1013. I have already received a order to compel responses or further responses, but the opposing party fails to respond despite the court-imposed deadline. Type of Discovery Steps: Meet and confer Motion Request for Admissions, Form and Special Interrogatories, Request for Production Meet and confer is generally not required, since the opposing side has failed to comply with a court order, but is typically preferred. Motion for Issue Sanctions or Motion for Terminating Sanctions (depending on the severity of the abuse of discovery). The party requesting discovery may ask the court for an order directing that the opposing party will be prohibited from raising certain issues at trail or perhaps even directing that the opposing party loses the case. The severity of the sanction depends upon the nature and severity of the abuse of the discovery process by the opposing side.. The amount of discovery requests served by the opposing side are excessive. Type of case Amount of Steps: requests allowed Protecting yourself from excessive discovery Limited 35 combined, Form Interrogatories, Special Interrogatories, Request for Production, and Request for Admissions. (Code of Civil Procedure Section 94) The Answering party may object to discovery in excess of the amount permitted. If additional discovery is required, parties may stipulate to it, or the party requiring additional discovery may file a motion with the court seeking an order permitting more. Unlimited Unlimited Form Interrogatories, Unlimited Request for Production, 35 Request for Admissions, 35 Special Interrogatories. More is permitted if a declaration is served explaining the reason more discovery is required. After meeting and conferring, a motion for a protective order against excessive discovery may be filed with the Court.