Procedure question Ohio

[indigoesagain]

I've been sent the Plaintiff's first set of interrogatories, requests for production of documents and requests for Admissions.

Am in the process of answering and have a few questions.

They've sent 2 copies of this discovery with the last page asking for SS. Verification stating that answers are true. Wants this notorized. I cannot find anything in local or state civil proceedure rules that say this is necessary. Only thing I've found is that it has to be signed. Since I've typed the answers on my own (not using their long form) can it just be signed with a statement and no notary?

In reading our local rules it states that this discovery does not get filed with the clerk, just the certificate/notice of service. So if I omit the notary could that pose a problem later?

For whatever reason they added a "note" to the title (This document contains requests for admissions) so should I be answering those differently then my simple "deny"? Or is this just some attempt at intimidation?

Thanks e1. Your advice has been golden thus far!

Thanks.

[cookie123]

Ohio Rules of Civil Procedure, Title V Discovery

(3) Each Interrogatory shall be answered separetly and fully in writing under oath, unless it is objected to, in which event the reasons for the objection shall be stated in lieu of an answer.

That is what I found on the Ohio Judicial website. Rules of the court.

There may be a rule about providing a personal identifying number. In CT we have such clause. You should look in the rules to see if anything may apply.

Have you requested your own request for admissions, production of documents and interrogatories? If not you should do so.

In answering the admissions, if you do not have any proof, if you have not received anything in your requests. I would probably deny for lack of information, or knowledge something to that affect.

I am not a lawyer, I am a newbie and going through this myself. Maybe someone can correct me if I am wrong. I hope I helped somewhat.

Good Luck

[nobk4me]

Under oath, that means you have to have the answers notarized.

The blurb about admissions is a requirement of ORCP 36©. It's just to let the recipient know that there are admissions in the discovery request, so that they know they need to be answered. Admissions not responded to are deemed admitted.

Also, under ORCP, they have to send you a copy of the discovery requests in electronic format as well as on paper. Did they do this? It makes it a lot easier to respond to discovery. You should ask them for an electronic copy.

And when you serve discovery on them, you should also include an electronic copy.

[indigoesagain]

No they didn't send the electronic copy even though I requested it by email following their own instructions. Think they're stalling hoping I miss the deadline...not going to happen.

I assume the electronic copy still has to be printed/signed and notorized? Does not get transmitted electronicly back (like your tax return)?

I filed my request for production of docs with my initial answer. They sent the same cc statements showing charge-off and 0 balance. Ignored most of my requests. (Like the DV letter they said we sent them...we never did so I would like to see who signed it).

The answer to my request...

1. Plaintiff does not have possession, custody, or control of the original signed contracts as it may not be available. Plaintiff is not the original creditor and therefore does not have an original signed contract baring the defendants signature.

2. Enclosed copies of acct. statements (2) in plaintiffs custody....(old one shows a balance newest one shows $0)

3. Copy of assignment. (Generic copy of a bill of sale, no details of what they bought).

4. Objected to my copy of dv letter saying attorney office not a party to this matter. (humm)

[cookie123]

I read more of the Ohio Court rules, when seeking production of documents.

Rule 37, Failure to make discovery: sanctions

(A)Upon reasonable notice to other parties and all persons affected thereby, a party may move for an order compelling discovery as follows:

(1)A motion to a party or a deponent shall be made to the court in which the action is pending.

(2)Motion: If a party fails to respond to inspection under Rule 34. The discovering party may move for and order compelling an answer or inspection in accordance with the request.

(3)Evasive or incomplete answers is a failure to answer.

I would send a second request to them, I think that would be considered reasonable notice. But in this request I would include that if they do not comply that you will have no choice but to move the court and seek a motion to compel, then include the penalties/sanctions that could be awarded if they fail to respond to a motion to compel.

Under the same Rule 37 it states:

If motion to compel is granted the court shall after the opportunity for a hearing, require the party who opposed the motion or the party or the attorney advising such conduct or both, to pay the moving party the reasonable expenses incurred in obtaining the order, including attorneys fees.

I also have to say. I cannot believe that attorneys conduct. If I was his/her client I would be furious and filing all kinds of ethics violations. Unbelievable!!!!

Again, I am not an attorney. I am a newbie. If anyone can correct me if I am wrong, please do for I would hate to give bad advise.

[nobk4me]

Yes, you need to print out, sign, and notarize the answers to their discovery. Your answers are not transmitted electronically.

Checking the ORCP, I would suggest that you file a motion with the court to require the plaintiff to provide you with electronic copies of the discovery requests. And ask for an extension of time in which to respond, because they did not provide it in electronic format as required by the rules.