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QUESTIONS TO ASK THE PLAINTIFF


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(INTERROGATORIES)

Interrogatories are simply written questions that your opponent

must answer under oath!

USE THEM WISELY!

USE THEM SPARINGLY!

THEY ARE POWERFUL TOOLS TO FIND EVIDENCE!

But, you only have a limited number to use.

Rule 33 Federal Rules of Civil Procedure states, "Unless otherwise

stipulated or ordered by the court, a party may serve on any other

party no more than 25 written interrogatories, including all

discrete sub parts."

State rules may allow more or less, but most courts put some limit

on the number of interrogatories you can use.

So, use them sparingly and wisely - but USE them!

PERHAPS ONE OF THE MOST IMPORTANT INTERROGATORIES"

"Identify all persons having first-hand knowledge of any material

fact alleged in the pleadings of this case and, with regard to each

such person, state what they know about each such fact and how they

came to know it."

THE OPPOSITION WILL HAVE A FIT !!

They will respond, "Objection, overbroad, burdensome, not

calculated to lead to admissible evidence, seeks to inquire into

attorney-client privilege," blah, blah, blah...

Immediately file a "Motion for Better Answers to Interrogatories"

and set your motion for hearing!

You are entitled to evidence disclosure! In fact, Rule 26 Federal

Rules of Civil Procedure requires such disclosure, as do the state

courts. So, don't be hoodwinked by your own lack of knowledge about

rules and what they require of opponents.

And, don't be fooled by the all-too-common objection, "The facts

sought are not admissible at trial."

They don't have to be admissible at trial!

Rules of evidence discovery are different from rules that control

at trial.

Rule 26(B) Federal Rules of Civil Procedure provides, "Parties may

obtain discovery regarding any non-privileged matter that is

relevant to any party's claim or defense -- including the existence,

description, nature, custody, condition, and location of any

documents or other tangible things and the identity and location of

persons who know of any discoverable matter. For good cause, the

court may order discovery of any matter relevant to the subject

matter involved in the action. Relevant information need not be

admissible at the trial if the discovery appears reasonably

calculated to lead to the discovery of admissible evidence."

State rules generally follow the federal rule. DON'T BE AFRAID TO ASK QUESTIONS FOLKS....IT'S THE QUESTIONS YOU DON'T ASK THAT ARE PROBLEMATIC !!

Never settle for conjecture or hearsay folks !!!

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This whole post is plagiarism from Jurisdictionary. If you want to quote them (copy and paste :neutral:) at least give them credit.

(INTERROGATORIES)

Interrogatories are simply written questions that your opponent

must answer under oath!

USE THEM WISELY!

USE THEM SPARINGLY!

THEY ARE POWERFUL TOOLS TO FIND EVIDENCE!

But, you only have a limited number to use.

Rule 33 Federal Rules of Civil Procedure states, "Unless otherwise

stipulated or ordered by the court, a party may serve on any other

party no more than 25 written interrogatories, including all

discrete sub parts."

State rules may allow more or less, but most courts put some limit

on the number of interrogatories you can use.

So, use them sparingly and wisely - but USE them!

PERHAPS ONE OF THE MOST IMPORTANT INTERROGATORIES"

"Identify all persons having first-hand knowledge of any material

fact alleged in the pleadings of this case and, with regard to each

such person, state what they know about each such fact and how they

came to know it."

THE OPPOSITION WILL HAVE A FIT !!

They will respond, "Objection, overbroad, burdensome, not

calculated to lead to admissible evidence, seeks to inquire into

attorney-client privilege," blah, blah, blah...

Immediately file a "Motion for Better Answers to Interrogatories"

and set your motion for hearing!

You are entitled to evidence disclosure! In fact, Rule 26 Federal

Rules of Civil Procedure requires such disclosure, as do the state

courts. So, don't be hoodwinked by your own lack of knowledge about

rules and what they require of opponents.

And, don't be fooled by the all-too-common objection, "The facts

sought are not admissible at trial."

They don't have to be admissible at trial!

Rules of evidence discovery are different from rules that control

at trial.

Rule 26(B) Federal Rules of Civil Procedure provides, "Parties may

obtain discovery regarding any non-privileged matter that is

relevant to any party's claim or defense -- including the existence,

description, nature, custody, condition, and location of any

documents or other tangible things and the identity and location of

persons who know of any discoverable matter. For good cause, the

court may order discovery of any matter relevant to the subject

matter involved in the action. Relevant information need not be

admissible at the trial if the discovery appears reasonably

calculated to lead to the discovery of admissible evidence."

State rules generally follow the federal rule. DON'T BE AFRAID TO ASK QUESTIONS FOLKS....IT'S THE QUESTIONS YOU DON'T ASK THAT ARE PROBLEMATIC !!

Never settle for conjecture or hearsay folks !!!

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This whole post is plagiarism from Jurisdictionary. If you want to quote them (copy and paste :neutral:) at least give them credit.

I thought I had given them credit !! Sorry, my pc goes screwy at times !

Any way folks, this is information from them.

and why are you hiding in "parts unknown" ??

Heck I'm in Tennessee..

Edited by Prosay
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Yeah never ask more questions (intoggs) than are permitted by court rules or they will just send back the questions unanwsered using that as the reason.

It should be easy for most to find out how many you are allowed by researching rules of procedure, but you can also observe how many questions are asked by the plaintiff assuming they send you discovery, they asked me like 25 so I knew I could ask at least that many.

If they send you discovery before you send them discovery you can also use that to help you add questions that may be relevant that you may not have thought of. In my case a few of these refered to calling witnesses at trial. If the discovery I was sent by the JDB is typical, you can get a good start without alot of time needed to research online by just using their discovery as a template. The questions they sent me were almost all details about the account that they should already know, when was the last charge made, what bank account was used to pay the account by check, other basic stuff. Properly deny all their crap on their fishing expedition and then ask them the questions right back as they are the ones who have to prove the case not you. Nothing beats good research online for other good intoggs though.

Without being repetitive, try to ask as many things of them that you can, bury them in paperwork so to speak would be my advise relative to intoggs and discovery.

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I thought I had given them credit !! Sorry, my pc goes screwy at times !

Any way folks, this is information from them.

and why are you hiding in "parts unknown" ??

Heck I'm in Tennessee..

Because I have active court and arbitration cases and don't want collector purists to figure out who I really am. You can also find me at the other board as cgoodwin!

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Because I have active court and arbitration cases and don't want collector purists to figure out who I really am. You can also find me at the other board as cgoodwin!

AW come on now...they ain't going to put a bounty on your head ! LOL !

...but then again, some of them like the dude they busted in Pennsylvania with an AK-47 might be crazy enough to try !

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There have been documented cases where the posting on this board have been introduced as evidence in court because the plaintiff figured out who the poster was.

Your not paranoid if they really are out to get you! :fart:

Well if they are "out to get someone", they need to be sure that "someone's" constitutional rights under freedom of speech are not violated.

If I am guilty of plagiarism as you indicated, then how can this be true, when you are quoting FEDERAL RULES OF EVIDENCE, as quoted by jurisdictionary?

After all, they didn't "AUTHOR" THE FEDERAL RULES OF EVIDENCE, they SIMPLY QUOTED THE RULES.

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Immediately file a "Motion for Better Answers to Interrogatories" and set your motion for hearing!

There is no such thing. Where are you gettting this?

And, don't be fooled by the all-too-common objection, "The facts

sought are not admissible at trial."

They don't have to be admissible at trial!

ummmm, yeah they do.

Rules of evidence discovery are different from rules that control at trial.

Rule 26(B) Federal Rules of Civil Procedure provides, "Parties may

obtain discovery regarding any non-privileged matter that is

relevant to any party's claim or defense -- including the existence,

description, nature, custody, condition, and location of any

documents or other tangible things and the identity and location of

persons who know of any discoverable matter. For good cause, the

court may order discovery of any matter relevant to the subject

matter involved in the action. Relevant information need not be

admissible at the trial if the discovery appears reasonably

calculated to lead to the discovery of admissible evidence."

rules of OBTAINING evidence are different, but all evidence must be admissible. Hearsay, whether obtained through discovery or submitted at trial, is not admissible. In addition, no one is able to produce evidence that was not obtained in discovery.

Your logic is quite flawed.

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