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Discovery Example?


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http://www.sc.pima.gov/?tabid=181

 

You can find the rules for discovery here. There are no specific forms.  This is a sample of answers to interrogatories in AZ district court, you can figure out the format from this.

 

https://www.checkpointusa.org/roadblock/lawsuit/docs/discovery/defenseNonuniformInterrogatoryReply.pdf

 

 

Leave room for the resonses below each request. Post them here before you send them, newbies tend to ask a lot of irrelevant questions. If it's a credit card case all you really need right now is production of documents. I post mine frequently, they work well.

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Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

 

13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

14. The forward flow or media document(s) governing this transaction.

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Thanks guys...I actually put mine together from your list Bruno! ;o) However, in AZ we can only request 10 documents so O had to chop it down a little. Here's what I have. Also, do interrogatories go after discovery?

 

----------------

COMES NOW the Defendant, appearing Pro Se, pursuant to xxxxxxxxxxx Justice Court Civil Procedures Rule 125, hereby requests the Plaintiff to produce the documents listed below.

 

DEFINITIONS

 

The following definitions are to be used in responding with the requested documents:

A. “Plaintiff,” means ASSET ACCEPTANCE, LLC, ASSIGNEE OF xxxxxxxxxxxxx, or any agent, employee, officer, director, or any other person acting on its behalf.
B. “Defendant” means, xxxxxxxxxxxx an individual.
C. “Document,” means all original writings of any nature or all copies thereof, regardless of whether or not such copies differ in any way from the originals, in your possession or control, wherever located, and includes, but is not limited to, contracts, agreements, records, memoranda, handwritten notes, working papers, letters of correspondence, invoices, statements, purchase orders, bills of lading, minutes and reports.

 

 


DOCUMENTS TO BE PRODUCED

 

1.All signed documents evidencing any contract or agreement between Plaintiff and Defendant

 

2. Charge slips bearing the Defendant's signature, which establishes use of the account.

 

3. Any document plaintiff intends to introduce at trial, which establishes the exact day the account went into default.

 

4. A complete history of the account from day one, establishing the legitimacy of the balance sought.

 

5. Any document setting forth the choice of law provision.

 

6. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce.

 

7. Any documents evidencing that Defendant retained monthly statements for an unreasonable amount of time.

 

8. Any document produced by Plaintiff in the normal course of business defining "unreasonable amount of time.”

 

9. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

 

10. The forward flow documentation governing this transaction.

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