abcand123

Could anyone offer feedback on my discovery answers? Please :)

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I have a question.  

 

Because the Plaintiff combined the RFA's with the Interrogatories, I'm confused about how to properly answer.   

 

If I am denying an RFA, how do I answer the interrogatory?  (scroll down to see example I posted below)

 

-Do I state my reason for denial under the RFA AND then also object to the interrogatory and repeat my answer?  

 

-Or, do I simply deny the RFA, and then only object to the Interrogatory and state why.  

 

-Or, do I deny the RFA and object to the RFA in my answer to interrogatory?

 

Also, if I object to the RFA - do I leave it blank and state my clear reason why underneath?  If the Interrogatory references the RFA, can I just answer "See Defendant's answer to RFA No. ____".

 

I apologize if I am making absolutely no sense!!!!!!  I hope someone can understand what I'm asking.  

 

Here is an example of how the questions have been presented:

 

RFA No. 11:

 

Subsequent to activation of the Card, Defendant failed to make timely payments on the Account.

________ Admit

________ Deny

 

 

 

Interrogatory No. 4:

 

If Defendant has refused to admit RFA No. 11, state the factual basis of any such refusal to admit.

 

 

 

I have almost 50 of these - so annoying!

 

 

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I was just worried about your disclosure because it has to be done on pleading paper (form court sent you) and file with the court and other party within 40 days of your answer.

I am learning as I go - which is to my disadvantage.

 

My disclosure looked exactly like theirs when typed out.  All of my answers were numbered accordingly, however, I did not know I had to use pleading paper (numbered paper... they used 28 lines).  Since then, I have downloaded pleading paper to use, but .... am I going to have a problem because I didn't use "pleading paper".  I'm pretty sure the AZ rules didn't say you had to use pleading paper (I'm using the rules that apply to the AZ Justice Court).  I believe it mentions that my responses must be numbered.

 

Does anyone else know about this??  Could I seriously have  an issue because my Disclosure Statement was not filed on pleading paper?  

 

I have to comment about how unfair it is, in cases such as this, where a defendant is at a huge disadvantage without legal representation.  I read through my rules 3 times and did not come across one rule that pertained to pleading paper.

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RFA No. 11:

 

Subsequent to activation of the Card, Defendant failed to make timely payments on the Account.

________ Admit

___X_____ Deny

 

 

Interrogatory No. 4:

 

If Defendant has refused to admit RFA No. 11, state the factual basis of any such refusal to admit.

 

Answer:  DENY

Defendant Denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, control, custody, or possession of the Defendant. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

 

 

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RFA No. 11:

 

Subsequent to activation of the Card, Defendant failed to make timely payments on the Account.

________ Admit

___X_____ Deny

 

 

Interrogatory No. 4:

 

If Defendant has refused to admit RFA No. 11, state the factual basis of any such refusal to admit.

 

Answer:  DENY

Defendant Denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, control, custody, or possession of the Defendant. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

Ok, I have so many questions to answer, and I'm so confused on whether to keep them shorter, or be more lengthy.  How often can I/should I repeat the same answer?  I could use this answer on many questions.  

 

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I updated my Rogs and RFAs (it's the first post of the thread).

 

I really want to get this sent out and begin work on my discovery to the Plaintiff.

 

I'd love feedback as to whether my answers are ok.  

 

Thank you to anyone who responds~

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abc your answers are ok its does not look like you gave them anything to work with. You want to answer all the questions without helping plaintiff prove their case against you.

 

They are working from a spreadsheet and a cd with little bits of information, they are trying to complete the puzzle with information you provide.

 

Get your discovery sent out.

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I didn't see it but I'm sure your disclosure was fine. You filed it within the time frame and sent it to the other party. On the court form it does say to bring a copy to the pre-trial conference  just so you know. 

 

What is the the date your discovery ends?

Just wondering how long you have to do your RFA on them??

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