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Please Critique My Response to Rogs & POD


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Here is my response to JDB's Rogs & POD. Please critque as I did this by looking through other posts.

INTERROGATORIES

1. If you denied any of the facts as set forth in Plaintiff’s Request for Admissions, state each and every fact upon which you rely to support your denial. Objection. Defendant is not yet compelled to support the denial of Plaintiff’s Request for Admissions.

2. To the extent not already answered, if you denied Request No. 7, state each and every fact upon which you base your denial of the amount owed. This has been answered in Interrogatories No. 1.

3. Identify each and every person who answered, or who aids in answering, these Requests for Admissions and Interrogatories, or who was consulted or supplied information upon which answers to these Requests for Admissions and Interrogatories are based. Defendant

4. Indentify each and every expert witness Defendant(s) intend(s) to call at trial, and for each such expert state the subject matter on which the expert is expected to testify and the expert’s hourly deposition fee, address, occupation, place of employment, and qualifications to give an opinion. Defendant, at this time, has not retained the services of any expert witness but reserves the right to do so upon completion of Discovery.

REQUEST FOR DOCUMENTS

1. If Defendant(s) denied Request for Admissions No. 15, provide copies of all correspondence sent to the Plaintiff disputing any statement of account, or monthly statement. Defendant is unaware of any such documents and therefore cannot produce said documents.

2. If Defendant(s) made payments on this account, provide copies of cancelled checks or other documents to verify payments made. Defendant is unaware of any such documents and therefore cannot produce said documents.

3. If Defendant(s) is/are claiming that there was some form of credit insurance, or claiming some other party is responsible for payment on this account, provide copies of all insurance claims filed, or other documents to support this claim. No claim has been made.

4. Provide copies of any documents or things that Defendant(s) would intend to introduce as evidence at trial. Defendant, at this time, has not ascertained what documents or things to introduce as evidence as the Discovery process is not yet complete.

Thank you for your help.

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1. If you denied any of the facts as set forth in Plaintiff’s Request for Admissions, state each and every fact upon which you rely to support your denial. Objection. Defendant is not yet compelled to support the denial of Plaintiff’s Request for Admissions.

I'd rethink that response. I'm not saying you can't use it, but it might seem evasive, and courts don't care for evasive responses. In addition, unless your court rules state otherwise, I'm not sure you'd have to be compelled to support your denials.

In my opinion, your basis for the denials is that the Plaintiff's Request for Admissions is based upon their allegations in the Complaint. Since they've failed has to provide evidence supporting their allegations, you have to deny the admissions...ownership of the account, the amount, etc.

If it were me, I might state:

Defendant has denied owing the alleged debt which is the subject of Plaintiff's Complaint. Defendant's denials are based upon the fact that Plaintiff has failed to provide evidence supporting Plaintiff's allegations in the Complaint.

Something like that.

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I like that. Thank you BV80.

Hopefully, some others will respond as well. That's just my take on it to give you another point of view. I hate to see us Pro Ses get slammed by a judge for not following procedure, being evasive, etc.

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I'd answer along the lines of my denial is based on the fact the Plaintiff has the burden of proof and to date has provided no facts or evidence that support the allegations in the complaint. Therefore you denied the request as the Defendant does not have the burden of proof. If the Plaintiff wants to provide specific documents and questions they can, but asking a blanket overall why are you denying amounts to pouting in the corner and saying but why? when momma tells you that you can't have another cookie.

You might want to make it a little more legal sounding, but basically tell the other side they have not proven jack crap and you don't have the burden to explain to them why they did not meet their burden. If they are really that confused tell them to schedule the trial date and you'll show them in court just how sorry their case is, then they will be left with no misunderstanding.

You can say all that in an acceptable way for discovery. The other side usually can read between the lines. If it's a JDB, which this is, I'm doing everything in my power to not be evasive and get their tails into a courtroom. They are going to use every trick in the book to stay out of court and intimidate. Turn the tables on them and they won't know what to do when you dare them to actually bring their garbage into a court. Put them into defense mode right now, start pushing for a quick trial date and anytime they disagree with you on something tell them let's just get this to court and let a judge decide, what do you say, you agree with me? I'll agree to whatever date or time, let's just get this to trial.

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