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How to respond to this request for production?


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1. Any documents and tangible things that discuss, relate to, or refer to each and every fact, reason, allegation, or theory under which you deny that you are liable to plaintiff for the cliams that are the subject of this litigation.

If I respond to this question with: Defendant has no available records, then Im screwed, right?

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1. Any documents and tangible things that discuss, relate to, or refer to each and every fact, reason, allegation, or theory under which you deny that you are liable to plaintiff for the cliams that are the subject of this litigation.

If I respond to this question with: Defendant has no available records, then Im screwed, right?

Burden of proof. It's the plaintiff's. Of course, if you have any docs, bring them. Would you be screwed if this were a case of ID theft and you didn't have the docs to prove it? Especially if the plaintiff didn't have the proof to show that you applied for and used the CC? They're asking you to prove a negative.

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Well, you might respond by stating:

Defendant is searching his records and will respond if any such documentation is located.

All that does is delay admitting you don't have anything. But who knows? You might end up finding something such as a detail you overlooked.

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