combingwyoming

Samples of interrogatories, requests for production and requests for admission

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 They didnt respond yet to my discovery and I didnt respond yet to theirs.

Are they late responding to your discovery? Don't be late responding to theirs.

Can I use this to my advantage to:

 

1. Get my case dismissed (lol)?

It could help you win if they are late (but I don't think they are)

2. File something with the court to not be required to answer their discovery requests?

Never going to happen

3. Give the plaintiff a run for his money?

That is something you will have to do, by keeping constant pressure on them. Discovery was a good start.

 

Any guidance, advice or suggestions with examples would be a huge help.

Learn your states rules of evidence and authentication. Hearsay, business records exception to it, best evidence rule, rule of completeness, rules of authentication. This is critical. You have to study them until they make sense.

Also, can someone guide me to some examples of defendants responses to discovery which I may be able to modify for my suit and also shed some light on the best time for me to respond to their discovery requests?

The best time to respond is just before they are due and NEVER late. Deny everything, object to personal information (that is unnecessary), and produce nothing. Don't win their case for them, force them to prove their allegations. There are examples all over this site.  GOOD LUCK.

Thank you all so much for your amazing support, smart advice and kind care!

 

CombingWyoming

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Thank you Anon. In our pre-trial conference, the judge set dates by when discovery must be concluded. They mailed me interrogatories, RFD's and RFA's a week after the date passed. How can I screw them for that?

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Racecar,

 

Below are the RFA they sent me. I will try to type the rogs and RFD later this evening. Any suggestions of how I should respond to each of the below RFA?

 

1. Please admit that you have an address XXXX in XXXX, WY.

2. Please admit that you received credit card statements from XXXX (OC) to above address

3. Please admit that your credit card number was XXXX and that you were an authorized user of this card

4. Please admit that your SS number ends in XXXX

5. Please admit that you never disputed any credit card charges in writing or otherwise

6. Please see exhibit # 5 (which shows information related to the account at hand and admit or deny each line item as it relates to your past or current personal information

7. There was a document referred to by the judge at the case management conference titled "order setting case management and pre-trial conference" that you acknowledged on the record [dont recall] to receiving. please admit that you received this doc from the court to your address above.

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Thank you Anon. In our pre-trial conference, the judge set dates by when discovery must be concluded. They mailed me interrogatories, RFD's and RFA's a week after the date passed. How can I screw them for that?

Probably by saving this example and adding it to all the others  you come up with as you deal with them, then; including all the examples in a brief (showing how the plaintiff is not litigating in good faith, or maybe with dirty hands (depending on what else you get from them).

It does seem a shame not to capitalize on it, but I don't know that by itself it is enough to really hurt them. You could however motion the court (I would think) if you wanted to, and possibly get the discovery tossed. You could file a "legal notice" with the court explaining the situation. The more I think about it, it is something they should not get away with. Just make sure you answer them on time regardless, just in case. I think maybe the court should  be notified, make a mountain out of a mole hill.

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Racecar - Exhibit # 5 is a new and more detailed excel printout that the plaintiffs attorney sent my wife that includes personal information such as her ss #, address and phone number. It also includes the JDB purchase lot #, a bank account number, the name of the OC, a balance, the date the account was opened, the date the account was charged off, the amount that was paid all types of other id #'s etc.

 

I am not sure how to proceed at this point with filing my answers to their requests for admissions, requests for documents and interrogatories because I read and re-read the Wyoming Rules of Civil Procedures AND the Wyoming Rules of Civil Procedure for Circuit Courts and in the former it says that each side has 30 days to respond to discovery and in the latter it doesnt mention a time requirement for responding to discovery. The 30 days are coming up for me/my wife to respond and their 30 days already passed (they havent even accepted my discovery mail yet because I havent received the return card).

 

1) Which rules do I follow?

2) Is there and advantage to not responding to their discovery up until right before trial?

3) Should I respond and then bring the Wyoming Rules of Civil Procedure to the courts attention and Motion to Compel and run the risk of upsetting the judge for not knowing that the governing rules are the ones for circuit courts?

4) Another side note, the plaintiffs attorney who is from out of state has sent me several docs that reference laws from her state (pursuant to rule from out of state). Is that something that can help me in my case?

 

Any advice on how I should proceed would be hugely helpful. You guys are my rock!

 

Thank you,

 

CombingWyoming

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Thank you Anon Amos. I have seen it done both ways. Whats the advantage of only sending in a small amount of requests at a time vs. sending them all in at once (so I can have some peace and quiet for a little while :-))? What do you recommend as the five most important RFPD's to start with?

 

Thank you,

 

CombingWyoming

With the few requests spaced out in the pattern 4 days-5days-3days has them answering discovery every day. For instance, 3 Requests for Production-4days-4 special interrogatories-5days-3 admissions-3days. until you use up discovery. I have to warn you that they may probably file a motion for Summary Judgment because the courts like these things packaged into stuff that doesn't go to trial.

 

You have to read the caselaw in your state, for 5 hours a day for each of you(You and your wife) she has to get up to speed also. You have to understand what is going on, how your actions will move towards the goal line, and prepare for going to trial or fighting summary judgment. The first time you admit the debt game over, the court will flush the whole case and give them what they want. You need to really get organized and keep track of things on a calendar. Organize your trial binder now and get that all together. You are going to have to become a law student and trial is your final exam.

 

If this is your wifes debt she has to post questions also. I cannot stress enough how bad it will go for your spouse if they are not up to speed. To I have a constant concern about spouses using credit related items as a method of abusive control, so without the other spouse being involved I believe that there will not be a good outcome if they are taken to court like a lamb to slaughter, then what was the purpose. I say this all the time so don't get mad because there really are times when abusive spouses(it goes both ways) use debt as a method of control. Look it up it is real

 

You seem to be ticking all the correct boxes in the big checklist but I am worried you are narrowly focused on going from task to task without an overall strategy. Yes getting admissions in on time is most important, but you must see the things that are coming. For instance, when you filed your answer you knew discovery was coming, So looking up the responses would have helped. In preparing for trial, you have a 50% chance they will file for SJ. It is the hardest thing to respond to and it heavily favors plaintiffs. Getting ready to oppose that will help you to prepare for trial.

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You have all the great responses in both threads. Make sure you get the responses in on time. ASAP now that the limit is upon you they are waiting for you not to send them notarized and such. Remember also that all this paperwork crap is inadmissible manure meant to scare you into giving up. Stop acting like they are gonna hurt you and get mad at them. Take the fight to them.

 

Remember you have an army against them. I will hold them down while you crap on their heads(metaphorically speaking, this is not that kind of forum.). What are you afraid of? Go ahead and win.

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