request for pods/admissions and interrogs

[needahand]

In my jdb lawsuit, I have sent my request for production of documents and am waiting still for jdbs responses.  After much reading (ie Bruno's suggested and more), I determined to send my admissions and interrogs upon receiving their answers. They have sent no proof whatsoever to date, and I have answered their requests already.  But the court's time limit is quickly approaching for discovery and I need to go forward with sending my admissions and interrogs for them to answer without the benefit of the requested documents they return (or don't).  Can anyone experienced in this regard tell me what is the best way to go forward? Assume that they do not have the requested documents and fashion the interrogs/admissions accordingly? Any suggestions on specifics for interrogs and admissions in this situation? Thanks for any help.....

[shellieh98]

assume they are not going to respond, because if they do, they will object to most of it.

[racecar]

http://philipstern.com/resources.html

Initial Interrogatories and Admission Requests we have used in debt buyer credit card collection cases

Interrogatories we have used in debt buyer cases where the amount claimed is less than $3,000.

http://webcache.googleusercontent.com/search?q=cache:7VBeYZ71U70J:www.massreports.com/courtrules/civil.aspx+&cd=3&hl=en&ct=clnk&gl=us  MASSACHUSETTS RULES OF CIVIL PROCEDURE

 

 

Rule 33

(1) In General. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

(2) Number. No party shall serve upon any other party as of right more than thirty interrogatories, including interrogatories subsidiary or incidental to, or dependent upon, other interrogatories, and however the same may be grouped or combined; but the interrogatories may be served in two or more sets, as long as the total number of interrogatories served does not exceed thirty. The court on motion for good cause shown may allow service of additional interrogatories; or the party interrogated, subject to Rule 29, may agree to such service. All interrogatories shall be numbered consecutively.

[needahand]

assume they are not going to respond, because if they do, they will object to most of ity...

Thanks..isn't objecting &/or something better than nothing? Then I would have something to go on....since the discovery deadline is ahead, do I need to file anything additionally prior to the deadline if they do not respond? 

[needahand]

http://philipstern.com/resources.html

Initial Interrogatories and Admission Requests we have used in debt buyer credit card collection cases

Interrogatories we have used in debt buyer cases where the amount claimed is less than $3,000.

http://webcache.googleusercontent.com/search?q=cache:7VBeYZ71U70J:www.massreports.com/courtrules/civil.aspx+&cd=3&hl=en&ct=clnk&gl=us  MASSACHUSETTS RULES OF CIVIL PROCEDURE

 

 

Rule 33

(1) In General. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

(2) Number. No party shall serve upon any other party as of right more than thirty interrogatories, including interrogatories subsidiary or incidental to, or dependent upon, other interrogatories, and however the same may be grouped or combined; but the interrogatories may be served in two or more sets, as long as the total number of interrogatories served does not exceed thirty. The court on motion for good cause shown may allow service of additional interrogatories; or the party interrogated, subject to Rule 29, may agree to such service. All interrogatories shall be numbered consecutively.

THanks also for this.  The Stern link is good, I have it also only wishing he was in Mass.  I will have to send them out w/enough time for them to answer before the deadline for discovery I believe, yes?  I am all over the Mass rules of civil proc for some time now.....but I can't find anything that says whether I need to file my discovery requests with the court. :/

[needahand]

Well, it would seem that the admissions are quite important specifically when it comes to questions or admissions regarding any affiant.   I am not sure how I would poise any of these very relevant questions if I don't receive the pods in time, but I hope to figure it out.....

Has anyone had a similar situation or have advice regarding?  Ordinarily I love games, but not so much this one.

[needahand]

Here is another question and thank you in advance for any answers!  It is frustrating the hours I have spent reading and studying and yet I still feel pretty clueless.  I have still to send admissions to plaintiff for them to answer, and I am before the deadline.  But am I actually supposed to factor in the time period of 30 days (plus 5 for mail) that is allowed for response in the given discovery period also?  If so, and plaintiff answers past the deadline then it will be my error, or do they even have to answer at all in that case? 

 

[racecar]

(Notes: If in Superior Court, mail to the other side. If in District Court, mail to the other side and the court.
You can only send 30 requests
If they do not give you a response you can send a final request to the plaintiff. In the final request tell the plaintiff they have another 30 days to give you answers to your interrogatory requests.
Important
It is very important that the final request says in it, "the defendant can request a dismissal of the case or a final judgment if the plaintiff does not provide him/her with answers.")

 

Pick the best thirty questions that apply to your case or send your own interrogatories.
 

COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT
CIVIL ACTION
NO.:12345
Bank Name
Plaintiff

Vs.
My Name
Defendant

DEFENDANTS FIRST SET OF INTERROGATORIES TO BE ANSWERED BY PLAINTIFF"BANKNAME"


Now comes the Defendant, [My Name], and hereby propounds the following Interrogatories to be answered, under oath, by the Plaintiff, [banks Name].

INSTRUCTIONS & DEFINITIONS
You are required to answer the following Interrogatories fully, separately, and under oath, within forty-five (45) days after service hereof, pursuant to Mass.R.Civ.P. 33. In answering these Interrogatories, you are required to furnish all information that is available to you, including that which can be learned through your reasonable inquiry. This also includes nonprivileged information in the possession of your attorney(s), consultants, experts, investigators, agents, or other persons acting on your behalf.
If any of these Interrogatories cannot be answered in full, please answer to the extent possible and specify the reason for your inability to answer the remainder. The Interrogatories are continuing, and answers thereto must be supplemented by you to the maximum extent required by the Massachusetts General Laws and Rules of Civil Procedure.
DEFINITIONS
The following words, when used with the initial letter capitalized, has the designated meaning:
(A) "Account" means the indebtedness alleged in the Complaint.
( B )"Business Record" means a Record which includes a statement of an act or event and was created by any business.
( C ) "Computer Record" means a Record which is an electronic recording of information as well as a printout which comes from such an electronic recording.
(D) "Declarant" means a Natural Person who made a Sworn Statement.
(E) "Immediate Assignor" means the Person from whom you purchased the Account.
(F) "Natural Person" means a human being.
(G) "Original Creditor" is the Person with whom the Account was originally created for Defendant.
(H) "Person" means any entity and includes, without limitation, a Natural Person, sole proprietorship, limited liability company, government or governmental subdivision, and any type of partnership, corporation, association, organization, institution, or firm.
(I) "Record" includes all recorded information, including "documents"and "writings" which concern or relate to the Account.
(J) "Sworn Statement" means a written statement relating to, concerning or regarding any fact involved in this lawsuit which was made under oath or permitted by court rule or statute to have the same effect as a statement made under oath including, without limitation, an affidavit, a declaration made pursuant to 28 U.S.C. § 1746.
(K) "You," "your", "yours", "yourself" refers to the plaintiff.
　

INTERROGATORIES
1. State the names and addresses of all persons who have knowledge of any facts relating to the case.
2. Identify all documents that may relate to this action, and attach copies of such document.
3. Attach a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any handwritten records and documents.
4. Identify all correspondence between plaintiff and the defendant or its representatives, and attach copies.
5. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: (a) the date made; ( B ) the name of the person by whom made; ( c ) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy.
6. If you or your 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.
　
　
7. If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section.
8. 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 or credits, if any, and the net amount due.
9. If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you. [Note that defense anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and schedules of accounts;
10. Attach a copy of each Record identified in your response to Interrogatory #9.
11. 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.
12. Identify all Records in your possession concerning the Account.
13. Attach a copy of each Record identified in your response to Interrogatory #12.

　
14. Identify each request you sent to either the Original Creditor or assignee of the Account for either a Record or information about the Account.
　
　
15. Attach a copy of each request identified in your response to Interrogatory #14.
16. Attach a complete copy of the response you received for each request identified in your response to Interrogatory #14.
17. What is the date on which the Account went into default?
18. What is the date of the Account’s last billing statement?
19. Explain any difference between the Account’s charge off balance and the balance on the Account’s last billing statement.
20. State the name of each Natural Person known to you or to your attorneys who can demonstrate that each Computer Record is what you claim it to be.
21. State the name of each Natural Person known to you or to your attorneys who is familiar with the record system used to create and store each Computer Record.
22. State the name of each Natural Person known to you or to your attorneys who can establish that it was the regular practice of the business which created each Computer Record to make it.
23. State the name 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.
　
　
24. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made by a business whose regular practice was make that type or kind of Business Record.
25. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was in fact made in the regular course of the business which made it.
26. Attach a copy of each Sworn Statement and indicate in the space below that the requested item(s) are attached or state the reason why it is not attached.
27. For each Sworn Statement, state whether you have the version which contains the Declarant’s original signature.
28. Attach a copy of each Record relied on or used by each Declarant in preparing his or her Sworn Statement and indicate in the space below that the requested items are attached or state the reason why it is not attached.
29. State the number (or, if unknown, a reasonable estimate of the number) of affidavits, declarations and certifications made by each Declarant on the same date as the Declarant’s Sworn Statement.
30. If you assert a claim for legal fees, attach your written retainer agreement with your attorney and indicate in the space below that the requested item is attached or state the reason why it is not attached.
------------------------------------------------------------------------------------------------------------------------
31. Attach a copy of Defendant’s application in connection with the Account. If you do not have possession of that application, state whether you have requested a copy from anyone.
32. Were there written terms and conditions which governed the Account at the time the Account was opened?
33. Were the written terms and conditions which governed the Account at the time the Account was opened changed, modified, amended or replaced at any time after the Account was opened?
34. If you contend that Defendant’s payment obligations on the Account arose out of transactions other than transactions in which the money, property, insurance or services which are the subject of the transactions are primarily for personal, family or household purposes, then state the factual basis for your contention.
35. 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.
36. Identify and produce a copy of all documents which you understand as constituting written notice of an increase in the Account’s annual percentage rate in accordance with 15 U.S.C. § 1637(i).
37. Do you have any claims against Defendant other than those arising out of the Account?
　
　
38. Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.
39. What is the full name, job title and work address of the Natural Person who certified the answers to these interrogatories on your behalf?
　
Respectfully Submitted
[Name]
[Address]
[Telephone number]
Dated:
CERTIFICATE OF SERVICE
I, MY NAME, do hereby certify that on this date, I mailed, first class, postage prepaid, a copy of the attached Interrogatories to all Defense Counsel of Record, [Name], located at [Address].
You may need to mail a copy to your court.

[needahand]

thank you very much!  Mass code amendments indicate that of requests for docs & things/interrogs/admissions,  the only that need to be filed with the court are now the admissions. took me a long time to figure it out, and I am going to verify, but I guess it has to do with filing space and clerk time apparently. 

 

I am really concerned about this though!: Deadline!   The court gave a discovery deadline of course.  It is before the pre trial conference which is a month later.  If the plaintiff responds within the required time period to respond, then they should have responded to everything prior to the pre trial conference.

 

BUT, am I actually supposed to factor in the time period of 30 days (plus 5 for mail) or 45 for rogs, that is allowed for response in the given discovery period also? If so, and plaintiff answers past the deadline then it will be my error, or do they even have to answer at all in that case?  Or......as long as I send my side before the deadline is it ok??  This I cannot find in any code, any thread, and the court did not say "this is what we mean" they just said "here is the discovery deadline." Iam freaking out.  Thanks for the help!

 

[racecar]

If in Superior Court, mail to the Plaintiffs law firm.

If in District Court, mail to the plaintiffs law firm and to the court.

Always send certified return receipt requested.

Pick thirty questions and send today.

[needahand]

Thanks much--  Got to wait till Monday when I have a printer though :/

Do you have any idea on my last paragraph at all?  thanks again

[BV80]

@needahand

 

This is is regard to your questions from the other thread.

 

 

 

 I have researched the rules on biz records and have a decent grip on those, but not the exception and not from higher court rulings so will get on that.  Otherwise they haven't provided anything to support their claims.  The witness was named as the keepr of records or an unnamed alternative for the jdb testifying on the assignment and how they determined the $. I am feeling pretty helpless but ultimately, is the only thing I can do is to research these rulings until they produce their affadavit?  Looks like they can wait until 10 days before trial to do that.  Thanks again for your help

 

 

It would be difficult to try to motion to strike a business record when you don't know what's going to be stated in their affidavit.  Who is the JDB?

 

 

 

Also they named one more witness...they reserved the right to call me. In the joint pre trial memorandum I named no witness.  Do you think I should have reserved the right to call the witness they named also?

 

 

This is a procedural question, and I'm not sure of the answer.  If they were to bring a witness to a trial, you'd have the right to cross-examine.   Depending upon your court rulings and what is stated in the affidavit, you may not need to subpoena a witness.

[needahand]

@needahand

 

This is is regard to your questions from the other thread.

 

 

It would be difficult to try to motion to strike a business record when you don't know what's going to be stated in their affidavit.  Who is the JDB?

 

 

This is a procedural question, and I'm not sure of the answer.  If they were to bring a witness to a trial, you'd have the right to cross-examine.   Depending upon your court rulings and what is stated in the affidavit, you may not need to subpoena a witness.

 

 

 

 

 

 

 

I certainly agree- and I'd like to pm you the answer regarding the JDB if that's okay?   Otherwise, I have the feeling they will wait until the last allowable minute to produce an affidavit which looks like is 10 days before trial.  That doesn't leave me any time to consider much,  I am sure that is their preference!

[BV80]

@needahand

 

You can send their name via PM.

[needahand]

done, Thank you!