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Need help challenging plaintiffs response to my discovery

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Hello again friends! I recently received the plaintiffs response to my interrogatories, RFP and RFA (below). I am being sued by a JDB for approximately 10k. I have several questions:

1) what do I need to file to force the plaintiff to answer my discovery?

2) after reading their responses below, how do you suggest I force them to answer my discovery?

3) the plaintiff originally sent me an affidavit to prove I owed debt to an Original creditor with an exhibit A that included a excel type print-out of the name of the OC, the principal, interest and total amount owed. Later they amended that affidavit and sent a new one with a different original creditor and an amended exhibit A with a new OC and the same principal, interest and total. In the bill of sale from the last JDB who sold the debt to the plaintiff dated in 2012, it mentions an exhibit A. Is it possible that its the same exhibit A and that's where they went wrong? How could I prove that? How do I bring it to the attention of the court?

Thank you very much for your tireless and generous support and please let me know if you have any questions. Thank you!

Plaintiffs response to defendants interrogatories, requests for production of documents, and requests for admissions

Comes now plaintiffs, XXXXX, Inc., by and through its counsel of record, and pursuant to WRCPCC 8 and 31, WRCP 36 and the courts oral case management conference ruling, hereby responds to defendants interrogatories, requests for production of documents, and requests for admissions as follows:

Plaintiffs preliminary statement and general objections

1) Plaintiff objects to defendants discovery requests to the extent that it seeks to impose obligations on plaintiff beyond those required by and under either the courts order or the Wyoming Rules of Civil Procedure or Wyoming Rules of Civil Procedure for Circuit Court.

2) Plaintiff further objects to defendants discovery request to the extent that it seeks information and documents that are equally available to defendant, not in plaintiffs possession, custody or control.

3) Plaintiff also objects to defendants discovery request to the extent that they seek information which is confidential or proprietary in nature, or the information or documentation requested is subject to privilege, either the attorney-client privilege and/or that constitute trial preparation for other work product, and/or what is sought is not otherwise discoverable under the applicable Wyoming Rules of Civil Procedure or Wyoming Rules of Civil Procedure for Circuit Court.

4) Plaintiff also objects to any discovery request that can be interpreted as requiring plaintiff to identify or produce documents that are in the possession, custody or control of others and have not been made available to or are otherwise not in the possession of plaintiff or are equally accessible to defendant.

5) Plaintiff objects to defendants discovery request to the extent that it is irrelevant and beyond the scope of the subject matter involved in this action and is not calculated to lead to admissible and/or information which is relevant to this action.

6) A partial response by plaintiff to any discovery request as set forth below is not deemed to be a waiver by plaintiff or plaintiff’s objections thereto (if any) or to the right of plaintiff to object to additional, supplemental or further discovery requests or parts thereof.

7) plaintiff will respond to defendant’s discovery pursuant to the applicable provisions of the controlling procedural rules and, therefore, objects to any definition or instruction inconsistent with those rules.

8) All responses by plaintiff to defendant's discovery represent the information acquired to date and within the possession, custody and/or control of the plaintiff. Plaintiff reserves the right to amend, supplement or change in any way plaintiffs responses should information be acquired through further investigation and or discovery that would so warrant an amendment, supplementation or change.

By this reference, plaintiff specifically incorporates the preliminary statement and general objections into each of the individual responses below as if set forth in its entirety. Subject to and without waiving the foregoing preliminary statement and general objections, plaintiff responds as follows:

Response to defendant's pattern interrogatories

1) If the plaintiff or its representative and the defendant have had any oral communication concerning the subject matter of this lawsuit state a) the date of the communication B) the name and address of each participant c) the name and address of each person present at the time of such communication d) where such communication took place and e) a summary of what was said by each party participating in the communication.

Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff or its representatives have not had any oral communication directly with the defendant regarding the subject matter lawsuit and further states they have never orally spoken with the defendant.

2) Set forth a particular statement of the items of the claim, their amounts and dates, a calculation in figures of the amount of interest, the payments for credits, if any, and the net amount due.

Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: Plaintiff objects to interrogatory number two because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff further objects to interrogatory number two to the extent that it calls for information and is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to the defendant. Plaintiff likewise objects to interrogatory number two the extent that it is unduly burdensome and requires plaintiffs to inappropriately finance the defendant’s litigation of the present action. However 7% interest pursuant to WRCP 40 – 14 – 106(e) has been accruing since XXXX to present and the interest amount is now $xxxxx as of xxxxx. No payments have been made to plaintiff. Principle is $xxxxx total with interest to date for a total of $xxxxx and court cost of $xxxxx.

3) If the account was assigned by the original creditor, set forth the date and description sufficient to identify each record which reflects or memorializes each assignment beginning with the original creditor and ending with the plaintiff. [Note that defendant anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and schedules of accounts without withholding any information.]

Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff already supplied all assignments and bills of sale. Please see plaintiffs Exhibit 1, 4, and 6 disclosed on or about Xxxx, 2013 submitted with plaintiffs disclosures. Plaintiff also supplied the schedule of accounts. Please see plaintiffs Exhibit 5 disclosed with plaintiffs disclosure on or about xxxxx, 2013, which was submitted with other debtors information redacted for privacy. Plaintiff objects to not withhold other debtors information because it is irrelevant to this case and beyond the scope of this litigation and contains private information including Social Security numbers, etc. There are no forward flow agreements, and there is a confidentiality clause in the account purchase and sale agreement, thus disclosing the account purchaser agreement would violate the confidentiality clause within such document. Therefore, plaintiff objects to defendants request and also objects to the extent that defendant seeks information that is beyond the scope of the present litigation and is therefore not reasonably calculated to lead to the discovery of admissible evidence.

4) With respect to each assignment of the account, identify the name of each Natural person who has personal knowledge as to whether the account was described or identified in the assignment.

Plaintiffs response: plaintiff objects to interrogatory number four on the grounds that it is vague and overly burdensome. Subject to and without waiving the foregoing objections, plaintiff answers as follows: Mr. XXXXX XXXXX, Senior VP of retail loss prevention of XXXXX identified the accounts at hand on a tape "the assets" as set forth in plaintiffs exhibit 4 "bill of sale" Disclosed with plaintiffs disclosures on or about xxxxx, 2013 and identified as lot number 1208 which included 1,142 accounts. Mr. XXXXX XXXXX, president of XXXXX, LLC describes the account at hand in Exhibit 5 on the asset schedule referred to as exhibit A in his bill of sale. Mr. XXXXX XXXXX VP of operations at XXXXX XXXXX , Inc., and president of XXXXX XXXXX, LLC also has personal knowledge of this account based on the asset schedule referred to as exhibit A provided to defendant as plaintiffs Exhibit 5 disclosed with plaintiffs disclosures on or about xxxx, 2013, listing the account at hand. There maybe others with personal knowledge of such accounts, but these individuals are presently unknown to plaintiffs.

5) Identify and attach a copy of each request you sent to both the original creditor and subsequent assignees of the accounts for a record or information about the account.

Plaintiffs response: plaintiff objects to interrogatory number five to the extent that it is not a proper question for an interrogatory. It requests a document. However, all information requested as specified herein (namely: itemized statements and any other documents or affidavits related to such account including any application process) will be supplied to defendants when received.

6) Attach a complete copy of the response you received for each request identified in your response to interrogatory number five.

Plaintiffs response: plaintiff objects to interrogatory number five to the extent that it is Not a proper question for an interrogatory. It requests a document. However, all information requested will be supplied when received.

7) What is the date of the accounts last billing statement?

Plaintiffs response: plaintiff objects to interrogatory number seven on grounds that it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff further objects to interrogatory number seven to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant.

8) State the name and title of each natural person known to you or to your attorneys who has personal knowledge that each business record was made at or near the time of observation by a person with actual knowledge or from information supplied by such a person.

Plaintiffs response plaintiff objects to interrogatory number eight on grounds that it is vague and overly burdensome. Plaintiff further objects to interrogatory number eight on the grounds that this calls for disclosure of attorney work product and attorney-client protected communications, and such information is privileged and not discoverable. In addition, plaintiff objects to interrogatory number eight to the extent that it seeks information that is beyond the scope of the present litigation and is therefore not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections plaintiff answers as follows: Mr. XXXXX XXXXX VP of operations, XXXXX, Inc., has personal knowledge that each business record was made at or near the time of service because it's standard and customary practice that business records and entries are made at or near the time of act and all personnel for plaintiff are trained on this procedure.

9) State the number (or if unknown a reasonable estimate of the number) of affidavits, declarations and certifications made by each affiant on the same date as the affiants sworn statement.

Plaintiffs response: plaintiff objects to interrogatory number nine on grounds that it is vague and unintelligible, and plaintiff does not understand the question as asked. Further, plaintiff does not know who the defendant is referring to when she states "affiants" and or what defendant is referring to when she estates "sworn statement". Neither of these items were defined by defendant.

10) Identify and produce a copy of all documents reflecting that the information described in 15 U.S.C. 1637(a) (1) through (8) (to the extent applicable) was disclosed to defendant before the account was opened.

Plaintiffs response: plaintiff objects to interrogatory number 10 on grounds that it is irrelevant and not reasonably calculated to lead to relevant discoverable information. Plaintiff further objects to interrogatory number 10 to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant. Plaintiff also objects because this is an improper interrogatory question requesting actual documents. Subject to and without waiving the foregoing objections plaintiff answers as follows: plaintiff supplied plaintiffs Exhibit 3 disclosed with plaintiffs disclosures on or about xxxxx, 2013 which reflects all of the information requested.

11) What is the full name, job title and work address of the natural person who certified answers to these interrogatories on your behalf?

Plaintiffs response: See below signature of Mr. XXXXX XXXXX, Pres. of XXXXX, LLC, and VP of operations, XXXXX, Inc., XXXXX XXXXX XXXXX, XXXXX.

Response to defendants request for production

1) The original signed application establishing the account.

Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff does not have such document. If there is a signed application, plaintiff is in the process of retrieving it. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant.

2) Charge slips bearing defendants signature which establish use of the account.

Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff does not have any charge slips bearing defendants signature. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant.

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

Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff does not have the original written agreement which defendant assented to the terms of the account. Plaintiff already submitted the terms and conditions of XXXXX card member agreement as set forth in plaintiffs Exhibit 3 disclosed with plaintiffs disclosures on or about xxxxx, 2013 that all cardholders receive. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant.

4) The complete history of the account from day one, establishing the legitimacy of the balance sought including a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any hand written records and documents.

Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: to date, plaintiff has already supplied any and all written documents regarding the balance and requested information from the original creditor and have zero handwritten records regarding this account on the grounds that this calls for disclosure of attorney work product and attorney-client protected communications, and such information is privileged and not discoverable. Plaintiff has requested one year of itemized statements and will supply these as soon as such information is received.

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

Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: see plaintiffs exhibit A asset schedule which was already disclosed with plaintiffs disclosures on or about xxxxx, 2013, and noted as plaintiffs Exhibit 5. Plaintiff has requested one year of itemized statements and any other documents related to this account and will supply these as soon as such information is received.

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

Plaintiffs response: plaintiff objects to this request on grounds that it is vague, unclear, and unintelligible, plaintiff does not understand the request as asked. Further, plaintiff does not know what the defendant is referring to when she states "choice of law".

7) Proof of mailing from original creditor to defendant of monthly statements.

Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff has requested one year of itemized statements and will supply these as soon as such information is received. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant.

8) Any documents evidencing that defendants retained monthly statements for an unreasonable amount of time.

Plaintiffs response: plaintiff objects to this request as it calls for information that is not within the possession, control or custody of the plaintiff. Further, defendant is the only one that would have knowledge of whether she held onto monthly credit card statements she received for an unreasonable amount of time. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant.

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

Plaintiffs response: plaintiff objects to this request on the grounds that it is so vague, ambiguous and unintelligible that plaintiff is unaware of what the defendant is requiring or referring to regarding "unreasonable amount of time within course of business".

10) Documents establishing the chain of custody of the account, 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.

Plaintiffs response: plaintiff supplied the assignments showing the chain of custody in exhibits 1, 2, 4, and 5 as disclosed with plaintiffs disclosures on or about xxxxx, 2013, and plaintiff also disclosed the account number and name of account holders information in plaintiffs Exhibit 5.

11) All correspondence between plaintiff and the defendant or its representatives, and attach copies.

Plaintiffs response: plaintiff objects to this question since any and all correspondence would be in the defendants possession. Plaintiff maintains business records but not actual copies. The initial communication was sent by plaintiffs attorney on or around xxxxxx, 2012. Defendant already has the summons and complaint and any and all documents sent relating to this case. Plaintiff objects to this request because it calls for information that is not within the possession, custody, or control of the plaintiff and is all information that defendant would have received. Plaintiff maintains business records but does not retain actual copies of the communications sent which included an initial communication from plaintiff sent to defendant on xxxxx, 2012 and an attorney letter sent to defendants physical address on file XXXXX XXXXX XXXXX, Wyoming on or around November xxxxx, 2012. Such letter was mail returned and therefore on or around xxxxx, 2012, another attorney letter was sent to defendants PO Box XXXXX in XXXXX, Wyoming. All other communications occurred in xxxxx, 2013 wherein defendant was served a summons and complaint and all other subsequent pleadings filed arising out of case number XXXXX were also mailed to the defendant.

12) All materials intended to be used at trial that have not already been produced.

Plaintiffs response: all documents have already been supplied to defendant and any and all documents requested as specified herein will be provided as soon as plaintiff receives them.

Response to defendants admission requests

1) Plaintiff has no personal knowledge as to the mailing by the original creditor to defendant of any written agreement governing the accounts.

Plaintiffs response: plaintiff objects to this request on the grounds that it is vague and generally unintelligible as it does not define the term "personal knowledge". Plaintiff further objects to this request because it calls for information that is not within the possession, control or custody of the plaintiff and is therefore equally, if not more, readily available to defendant because the plaintiff is without sufficient information to admit or deny. After a reasonable inquiry, plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement as it pertains to actions and conduct undertaken by the defendants and a third-party, neither of which the plaintiff exercises any control over, and accordingly plaintiff denies the same. Plaintiff further states that it is currently engaged in it's own discovery and may obtain information from the defendant through the course of discovery that may allow plaintiffs to supplement this response at a later date.

2) Plaintiff has no personal knowledge as to the mailing by the original creditor to defendant of any billing statement for the account.

Plaintiffs response: plaintiff objects to this request on the grounds that it is vague and generally unintelligible as it does not define the term "personal knowledge". Plaintiff further objects to this request because it calls for information that is not within the possession, control or custody of the plaintiff and is therefore equally, if not more, readily available to defendant because the plaintiff is without sufficient information to admit or deny. After a reasonable inquiry, plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement as it pertains to actions and conduct undertaken by the defendant and a third-party, neither of which the plaintiff exercises any control over, and accordingly plaintiff denies the same. Plaintiff further states that it is currently engaged in its own discovery and may obtain information from the defendant through the course of discovery that may allow plaintiff to supplement this response at a later date. However, plaintiff states that they have requested one year’s worth of itemized statements showing mailings to defendants.

3) Plaintiff has no personal knowledge as to why the original creditor entered any transaction, debit, credit or charge on any billing statement for the account.

Plaintiffs response: plaintiff objects to this request on the grounds that it is vague and generally unintelligible as it does not define the term "personal knowledge". Plaintiff further objects to this request because it calls for information that is not within the possession, control or custody of the plaintiff and is therefore equally, if not more, readily available to defendant because the plaintiff is without sufficient information to admit or deny. After a reasonable inquiry, plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement as it pertains to actions and conduct undertaken by the defendant and a third-party, neither of which the plaintiff exercises any control over, and accordingly plaintiff denies the same. Plaintiff further states that it is currently engaged in its own discovery may obtain information from the defendant through the course of discovery that may allow plaintiff to supplement this response at a later date.

4) Neither plaintiff nor its attorneys possess an affidavit, certificate or other document executed by or on behalf of the original creditor which purports to authenticate the genuineness of any documents related to the account.

Plaintiffs response: deny. See the bill of sale listed as plaintiffs Exhibit 4.

5) Plaintiffs right to acquire documents from the original creditor about the account is governed by the written agreement under which plaintiff acquired the account.

Plaintiffs response: admit. Plaintiff has the right to request, but not the guarantee to receive, additional account level information.

6) plaintiffs agent, Mr. XXXXX XXXXX, in the original suit affirmed under oath that defendants original creditor was XXXXX [another credit institution] and that the "assigned is a valid debt now fully due and owing".

Plaintiffs response: admit. Plaintiff adds that XXXXX was just inadvertently uploaded caused by a technical issue. This account and such inadvertences were disclosed after suit was filed and plaintiff amended their exhibit A of their original complaint shortly thereafter upon leave of court. Plaintiff also specifies that the defendant and all amounts listed in the first affidavit, however, were correct.

7) Plaintiffs agent, Mr. XXXXX XXXXX, in the original suit affirmed under oath that defendants original creditor was XXXXX [another credit institution] without first verifying the information contained in the affidavit.

Plaintiffs response: Deny. All information was verified and accurate but for the technicality issue (set forth above) causing the name of the original creditor to be incorrect.

Plaintiff reserves the right to supplement these responses to defendants discovery requests.

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combing this means they have nothing. Good job in sending that off.

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Thank you @racecar very much. What should I do moving forward? Should I try to compel them to answer each of my discovery questions? How do I now express to the judge that they have nothing? How do I put them on the defensive and force them to walk away with their tail between their legs?

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Many of the requests were answered in a technically sufficient manner. However, most courts look down upon and some downright prohibit objections followed by answers. If anything, you might consider filing a motion to overrule the objections so the answers stand alone. Then you can use them. 

 

It would be nice if you could manage a deposition. I suspect Plaintiff would rather dismiss than be deposed. In the alternative, their response, "there is a confidentiality clause in the account purchase and sale agreement, thus disclosing the account purchaser agreement would violate the confidentiality clause within such document," also indicates that tried to force disclosure through entry of a protective order, you'd probably get your dismissal that way, too.

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Plaintiff likewise objects to interrogatory number two the extent that it is unduly burdensome and requires plaintiffs to inappropriately finance the defendant’s litigation of the present action. :ROFLMAO2:

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Motion to compel discovery

Motion to deem admitted

Motion to over rule

If they still want to play games

Motion for sanctions for lack of candor before a tribunal

 

American Bar Association rule 3.4

Rule 3.4 Fairness To Opposing Party And Counsel

A lawyer shall not:

(a) unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;

(B) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;

© knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;

(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;

(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or

(f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless:

(1) the person is a relative or an employee or other agent of a client; and

(2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

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Motion to compel discovery

Motion to deem admitted

Motion to over rule

If they still want to play games

Motion for sanctions for lack of candor before a tribunal

 

American Bar Association rule 3.4

Rule 3.4 Fairness To Opposing Party And Counsel

A lawyer shall not:

(a) unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;

(B) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;

© knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;

(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;

(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or

(f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless:

(1) the person is a relative or an employee or other agent of a client; and

(2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

I'm going to have to remember that one!! :)

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In the alternative, their response, "there is a confidentiality clause in the account purchase and sale agreement, thus disclosing the account purchaser agreement would violate the confidentiality clause within such document," also indicates that tried to force disclosure through entry of a protective order, you'd probably get your dismissal that way, too.

@nascar

How would I force disclosure on this?

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Motion to compel discovery

Motion to deem admitted

Motion to over rule

If they still want to play games

Motion for sanctions for lack of candor before a tribunal

 

American Bar Association rule 3.4

Rule 3.4 Fairness To Opposing Party And Counsel

A lawyer shall not:

(a) unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;

(B) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;

© knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;

(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;

(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or

(f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless:

(1) the person is a relative or an employee or other agent of a client; and

(2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

@BTO429

What are the differences between the motions you recommended, which one do you recommend I file first and how do I file it? I want to hit them hard and fast! I'm sick of being reactive and would like to stick it to them proactively.

In the American bar association rule 3.4 that you referenced, were their any responses that the plaintiffs used that obviously violates those rules? I'm not seeing any clear violations.

Thank you so much for your amazing help!

CombingWyoming

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In the American bar association rule 3.4 that you referenced, were their any responses that the plaintiffs used that obviously violates those rules? I'm not seeing any clear violations.

 

It doesn't matter. Whether an attorney did or did not violate a rule of professional conduct is between him and the bar association.  The bar disciplines attorneys for ethical violations. The judge sanctions parties for procedural violations. If a court happens to rule that an attorney destroyed evidence, etc., it may decide to refer the matter to the bar, afterward. Bringing a motion based upon an alleged bar violation is not proper (it isn't a violation until the court rules the lawyer has done the prohibited act).

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@nascar

How would I force disclosure on this?

 

Most rules of civil procedure state that a party seeking to avoid disclosure based simply on confidentiality, the objection should be accompanied by a motion for protective order and if applicable, a privilege log . You could move to compel on that basis, arguing that plaintiff cannot unilaterally designate something as confidential then refuse to provide on that basis. He must either move for protective order or disclose. You could also say that failure to move for order at time of reply is waiver of protective order, but don't be surprised if that doesn't fly. In any event, your first responsibility is to contact other side and inform them why their responses are insufficient and give them a few days to supplement, then, when they refuse, move to compel.

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so Combing, your first step would be to send a meet and confer like nascar stated above stating their responses are insufficient, and why.  Give them 10 days plus mailing,  If they do not respond, then file a motion to compel or in the alternative preclude any thing that was asked for but not received.

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