SQLguy

Need Help Fast!!! Asset Acceptance Request to Submit for Decision for Discovery issues

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Hi All,

 

Need some quick help. They finally sent me a copy of the Statement of Discover Issues. It basically just states that my discovery was incomplete because I did not include the bank statements. I've drawn up the following response. Any help is appreciated.

 

Now comes the Defendant Pro Se in its Opposition to Plaintiff’s Statement of Discovery Issues Defendant states as follows.

 

Plaintiff has requested all statements for the time period of 1/1/2006 to 7/31/2010 for all checking and savings accounts on which the Defendant is or ever was within that time period , a signer, co-signer, user, authorized use , beneficiary , depositor, obligator, creator, maker, or otherwise authorized to access. Defendant asserts that this request is overly broad and burdensome.

  1. After reasonable search, the Defendant does not have physical possession of these records and therefore cannot provide them.
  2. Plaintiff’s request is overly broad in that it includes records that have no relevance to this case. The Plaintiff’s own records should reflect the specific financial institution records needed.
  3. As the defendant does not have physical possession of these records, requesting copies from the Defendant’s financial institutions would create an undue financial burden on the Defendant. As the records are available via subpoena, the Defendant asserts that the Plaintiff should bear the cost to produce these records.

WHEREFORE the Defendant prays that the Plaintiff’s Order RE: Statement of Discovery Issues be denied

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