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Example of Definition of terms and request for documents and admissions


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I wanted to share what I used as my "pre-amble" definition of terms when I sent my request for admissions and production of documents.

My thought was to try and nail the opposing side down as much as possible as I had watched a number of people get the "i have no idea what you mean" responses back on legitimate questions.

hope it helps someone out.

DEFENDANT’S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS

FAILURE TO SERVE A WRITTEN ANSWER OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B WILL RESULT IN ADMISSION OF THE FOLLOWING REQUESTS. (check your state rules of civil procedure)

To Plaintiff Midland Funding LLC and Attorney,

You are HEREBY REQUESTED within thirty (30) days after service of this request upon you to serve its verified answers to the Defendant’s residence of blah blah (dates are state specific)

INSTRUCTIONS AND DEFINITIONS

For the purpose of these discovery requests, the following definitions apply:

A. “Defendant” means Billy Bob.

B. “Plaintiff” or “Plaintiffs” or “You” refer to MIDLAND FUNDING

LLC as well as any person in their agency, employ or acting on their behalf including but not limited to <insert plaintiff attorney>.

C. “Account” means the alleged account related to the alleged debt which is the subject of this lawsuit.

D. “And”, “or”, “and/or”, “any”, “all” and “any/all” be construed as broadly as possible so that information otherwise within the scope of this request is not excluded.

E. “Assignment Agreement” includes but is not limited to bills of sale, the actual purchase and assignment agreement document(s) including the terms and conditions of the sale, and the schedule of accounts included in sale. Assignment Agreements shall also mean the completed documentation of the chain of custody between the original creditor and plaintiff.

F. “Assignee” A person or entity to whom an assignment of rights or property has been made.

G. “Original creditor” means the lender, provider, or other

person to whom the Defendant originally was alleged to have initially opened and started the alleged account with.

H. “Person” includes natural persons, corporations, partnerships, associations, or any type of entity and agents, servants, employees and representatives, thereof.

I. “Attorney” means <insert plaintiff attorney> or any other Oregon Licensed Attorney and/or employed by <insert plaintiff attorney> representing MIDLAND FUNDING LLC in this action.

J. “Document” or “Documents” includes electronically stored information, writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations from which information can be obtained and translated, if necessary, by the respondent through detection devices or software into reasonably usable form

K. “card member agreement” The entirety of the printed agreement that provided the terms and conditions of the alleged credit card account. The agreement that is required by Federal Reserve banking law as a consumer disclosure to be the binding agreement between card issuers and their customers. It must include the Annual Percentage Rate, the monthly minimum payment formula, annual fees and dispute resolution processes.

L. When answering the Admissions and Requests for Documents, you must furnish all requested information, not subject to valid objection that is known by, possessed by, or available to you or your subsidiaries, employers, employees, managers, attorney, consultants, agents or representatives including but not limited to lawyer dude

M. If you are unable to fully provide any of these Admissions or Document requests, please specify the reasons for your inability or produce and state whatever information knowledge or belief that you have concerning the portion not fully Admitted or Produced.

N. If anything called for in these Admissions and Request for Documents is withheld on the grounds that such an Admission or Document is for any reason exempt from discovery, then:

1. State the ground or grounds for withholding such

Admission or documents;

2. Describe the type of document being withheld;

3. Identify all persons who have knowledge of the

document being withheld;

4. Furnish such other documents as may be required to

enable the court to adjudicate the propriety of your

refusal to furnish the requested documents.

O. Whenever appropriate in these discovery requests, the singular and plural forms of words shall be interpreted interchangeably so as to bring within the scope of these requests any matter which might otherwise be construed outside their scope;

CLAIMS OF PRIVILEGE

If an objection to a request is based upon a claim or privilege or attorney work product, identify each document so withheld. With regard to all documents or portions of documents withheld on this basis, identify its creator; provide a brief description of the document, and state with particularity the basis of the claim of privilege work production, or other ground of nondisclosure.

LOST OR DESTROYED DOCUMENTS

If any document requested has been lost, discarded, or destroyed, identify such document. State the type of document, its date, the approximate date it was lost, discarded or destroyed, the reason it was lost, discarded or destroyed, a summary of its substance, and the identify of each person having knowledge of its contents thereof.

If the space provided is insufficient, the answering party shall attach additional papers containing Responses to the Requested Admissions and Document Requests and shall note the corresponding Admissions and/or Document Request Number to which the Response contained in the additional paper(s) refers. Please note in the space provided for the Response to the specific Request the fact that additional papers have been attached. ANY ADMISSION FOR WHICH NO RESPONSE IS NOTED IN THE SPACE PROVIDED FOR A RESPONSE SHALL BE DEEMED ADMITTED UNDER ORCP 45B (state specific rules)

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I like it !

Especially ....

1. State the ground or grounds for withholding such

Admission or documents;

2. Describe the type of document being withheld;

3. Identify all persons who have knowledge of the

document being withheld;

4. Furnish such other documents as may be required to

enable the court to adjudicate the propriety of your

refusal to furnish the requested documents.

I like the suggestive style of word usage you chose. Good offensive first move I think. If they object to the term "withheld" then produce it and it will be withheld no longer.

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