I think I blew my first demand for discovery

[buckeyechick1219]

I originally sent my discovery demands to the plaintiff in my case on August 19 and intended to object to any evidence that they provided in the case because they did not respond to these demands for discovery within the 28 days allotted by Ohio rules of Civil Procedure. However, now that I'm rereading the Civil Procedure, I think it states that I have to tell them how long they have to respond, and if not, they dont have to respond at all. Is anybody familiar enough with Ohio law to tell me if this is true or not?

[IrishDMBF]

Ohio rules of Procedure say you have to give them at least 28 days and you have to specify how long you are going to give them. A good rule of thumb is the same day of the next month that you expect them to recieve the request

For example....you mail them on the the 5th of the month. You expect them to get them by the 7th of the month. So therefore your discovery requests should be due on the 7th of next following month.......that gives them anywhere between 29 and 31 days, within the bounds of Ohio's rules of civil procedure......thats what I did anyway

[smurfette in nyc]

I'm not familiar with Ohio rules and procedures, but if you think you goofed, simply send the same discovery demand again, this time correctly stating how many days they have to respond.

Also, if for any reason they do not respond again, make sure you file a motion to compel discovery.

[buckeyechick1219]

I retyped my demands for discovery, adding additional requests. I am assuming that since my first request was not in the propery format, it isn't going to hurt to completely redo the whole request. Previously, I just demanded production of documents. This time I did the whole Interrogatories, Request for Admissions, and Production of Documents. I'll send it on Monday and hope that they have to respond to it before trial (if we make it to trial...pre-trial is in less than two weeks.)

Thank you both for your responses.

[buckeyechick1219]

Here are my demands for discovery. I used the same format as the plaintiff did, just taylored them a bit. Anybody have any suggestions/advice?

1. Admit that you are not in possession of a properly executed written assignment of debt for the alleged Citibank South Dakota NA credit card with an account number ending in ####, including the effective date of the assignment and the consideration paid or given, if any, for the assignment, with the express authorization of the collection agency to refer the assigned account to an attorney for the commencement of litigation.

2. Admit that you are not in possession of a true and authentic copy of a signed and dated application for the alleged Citibank South Dakota NA credit card with an account number ending in ####.

3. Admit that you are not in possession of any true and authentic copies of instruments used for payment on the alleged Citibank South Dakota NA credit card with an account number ending in ####.

4. Admit that you are not in possession of any true and authentic copies of any instrument bearing the signature of the defendant indicating that the defendant made purchases using the alleged Citibank South Dakota NA credit card with an account number ending in ####.

5. Admit that you are not in possession of any true and authentic copies of any evidence that the alleged Citibank South Dakota NA credit card with an account number ending in #### is the responsibility of the defendent.

REQUEST FOR PRODUCTION OF DOCUMENTS

1. If your response to admission 1 is negative, please provide a copy of the valid assignment of debt.

2. If your response to admission 2 is negative, please provide a copy of the application.

3. If your response to admission 3 is negative, please provide a copy of any and all instruments used for payment.

4. If your response to admission 4 is negative, please provide a copy of any and all instruments bearing the defendants signature.

5. Please produce all documents utilized, referred to, consulted and/or referenced in formulating your responses to these Interrogatories and Requests for Admission.

6. Please produce all documents, evidence and/or exhibits which you intend, contemplate, or expect to enter into evidence at trial, hearing, arbitration, mediation or other proceeding in this matter or to use to refresh a witness’s recollection.

7. Please produce copies of any and all documents pertaining to the debt that is the subject of this lawsuit.

8. Please produce copies of any documents provided by you to any expert witness.

9. Please produce any and all documents relating to or comprising any expert’s report, opinion or conclusion, and a copy of each expert’s curriculum vitae or resume.

10. Please produce legible copies of any checks, check book log records, any money order receipts, wire transfers, checks by phone, or any other documents related to any method of payment and any other documentation evidencing payments made to the credit card account ending in ####.

11. Please produce a copy of each and every document sent by you or sent to you by Citibank South Dakota NA.

12. Please produce any and all documents supporting your answers to the attached Interrogatories and Requests for Admission, if such documents were not produced in response to Requests for Production nos. 1 through 11.

[buckeyechick1219]

I am preparing my answers to Unifunds discovery, and was using the Card Agreement and Choice of State provision on it to prove this debt is time barred by the SOL, and I noticed that it is date stamped "Unifund July 18 2002."

If Unifund is able to prove that they legitimately purchased this debt from Citibank and that it is mine, do you think I could use the date stamp to prove that they did not, in fact, purchase it in August as they stated in their complaint? (This is important because they filed their complaint on July 28.)