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Response to request for documents. Is it OK?


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Hi. I need to mail this on Monday so am very limited on time. I would greatly appreciate if someone would check and see if we need to add anything else to our answers.

We're in Oklahoma, being sued by a JDB. They haven't shown us any documents of any kind to verify the alleged debt.

Please produce all documents and tangible evidence identified or mentioned in any of your responses to the Interrogatories.

Response to Request: Objection: Defendant objects to Request on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Defendant is not aware of any such responsive documents.

Please produce all Written or tangible evidence of any communications between you and OC or the Plaintiff.

Response to Request: Object: Defendant objects to Request on the grounds that it is overly broad and unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody, or control of the Defendant. These documents should be more readily accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.

Please produce copies of any and all documents which you allege supports, negate, or relates in any manner to any action, defense, denial or claim made against you or which you intend to raise at the trial of this case.

Response: Objection: Defendant objects to Request on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Defendant is not aware of any such responsive documents.

Edited by ladybug412
Worried JDB might read forums.
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You are being asked to produce certain documents during discovery. You indicate that you cannot produce the documents because you are still in discovery. I know you are trying to be "lawyerlike" in your responses, but they really don't make any sense. If not during discovery, then when do you think you are supposed to present them? Most generally, if you do not provide certain evidence during discovery, you will not be allowed to present it later.

Following your logic, the only documents you will be able to provide are the ones which are given to you by the plaintiff. What that indicates is that you have nothing to support your position except your unsubstantiated denials. Based only upon that, the plaintiff will move for summary judgment and it will be granted.

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How do we answer when we have no documents to produce? Are you saying that it's hopeless because the only documents are the ones produced by the plaintiff? Don't they have to prove their claim against us and why should we have to worry so much about them getting a judgment against us, just because we didn't answer in the correct manner of the court, when they have proved absolutely nothing!!! We don't know what they're talking about and the amount they claim is due is different on the summons/petition and the discovery.

That's why I'm here, asking for help. How would you handle these requests for documents?

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Petition For Indebtedness might have got you in a jam. Not sure what it means exactly, just intuitively, but if you are using that as a defense then you probably need to produce documents showing such.

And you have to present to the opposing party the evidence you are going to submit in court, and that is what discovery is all about.

Is this a case that might need to go to Arbitration?

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I take "Objection: Defendant objects to Request on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Defendant is not aware of any such responsive documents." to mean that the defendant is still waiting on the results of their discovery directed at the plaintiff.

Am I way off here?

As found on this forum, I'd add: "Without waiving the objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have defenses in this action, and will provide such defenses to the Plaintiff if asked through Discovery. The Defendant reserves the right to update this answer to this request at a later time when that decision is made."

Any thoughts?

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Thanks so much to everyone for their responses.

You are right, Baggins, but we haven't quite finished our Discovery to the Plaintiff yet. We plan to send it in the next couple of days. If we had it to do over we wouldn't wait but would send a Discovery to the Plaintiff right away. Better to play offense rather than defense.

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You are being asked to produce certain documents during discovery. You indicate that you cannot produce the documents because you are still in discovery. I know you are trying to be "lawyerlike" in your responses, but they really don't make any sense. If not during discovery, then when do you think you are supposed to present them? Most generally, if you do not provide certain evidence during discovery, you will not be allowed to present it later.

Following your logic, the only documents you will be able to provide are the ones which are given to you by the plaintiff. What that indicates is that you have nothing to support your position except your unsubstantiated denials. Based only upon that, the plaintiff will move for summary judgment and it will be granted.

I just took the one they used on my discovery request for documents and used it on them .----Defendant objects to Plaintiff's Request for Production in its entirety in that the Request for Production fails to specify a reasonable time , place , or manner wherein the requested documents are to be produced . Florida Rule of Civil Procedure 1.350(B) specifically provides , " the request shall specify a reasonable time , place , and manner of making the inspection or performing the acts requested ... A motion for protective order should be promptly granted if a time and date are not specified or if the place of production is not convenient to the producing party " Trawick , Florida Practice and Procedure , Section 16-10 . Plaintiff requests that production of the requested documents be made at the Law Offices of Andreu , Palma & Andreu , 701 SW 27th. Avenue , 900 , Miami , Florida . Plaintiff is located in Miami , Florida , Defendant is located in Port Richey , Florida . This is not convenient to the Defendant . Any documents to be produced are subject to this objection .

It was not reasonable , You could argue for a long time about what is reasonable .

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You are being asked to produce certain documents during discovery. You indicate that you cannot produce the documents because you are still in discovery. I know you are trying to be "lawyerlike" in your responses, but they really don't make any sense. If not during discovery, then when do you think you are supposed to present them? Most generally, if you do not provide certain evidence during discovery, you will not be allowed to present it later.

Following your logic, the only documents you will be able to provide are the ones which are given to you by the plaintiff. What that indicates is that you have nothing to support your position except your unsubstantiated denials. Based only upon that, the plaintiff will move for summary judgment and it will be granted.

My understanding is that the burden of proof is on the plaintiff not the defendant. Am I wrong on that? They brought the suit. They have to prove it. They can't just use unsubstantiated allegations to "prove" their case. It has to be backed up by material fact.

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