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Compel discovery - what should i do in N.C


madaboutu45
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OK MCM sent me the discovery interrogatories , request for docs, ad admission. So on 6/15/21 i submitted my MTC for private Arb.  court date is set for 9/2/21 ...What should i do about the  discoveries in NC. I only have a few more days to respond...thanks in advance  

 

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You need to object to all of them.  Like this: OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

Copy and paste that into every one of their discovery requests.  The reason for this is, participating in discovery may waive your arbitration rights by going too far in litigation.  And you can't just ignore them, either.   Admissions not answered are deemed admitted.

 

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19 minutes ago, key22 said:

OK MCM sent me the discovery interrogatories , request for docs, ad admission. So on 6/15/21 i submitted my MTC for private Arb.  court date is set for 9/2/21 ...What should i do about the  discoveries in NC. I only have a few more days to respond...thanks in advance  

here is what i found so far...but this does not looking like it is helping

@Bulldoger

 

CHAPTER 1A.

Rules of Civil Procedure.

 

§1A-1. Rules of Civil Procedure.

The Rules of Civil Procedure are as follows:

ARTICLE 5.
Depositions and Discovery.

Section

Rule 37. Failure to make discovery; sanctions.

(a) Motion for order compelling discovery.—A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:

  1. Appropriate Court.—An application for an order to a party or a deponent who is not a party may be made to a judge of the court in which the action is pending, or, on matters relating to a deposition where the deposition is being taken in this State, to a judge of the court in the county where the deposition is being taken, as defined by Rule 30(h).
     
  2. Motion.—If a deponent fails to answer a question propounded or submitted under Rules 30 or 31, or a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question shall complete the examination on all other matters before he adjourns the examination in order to apply for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26(c).
     
  3. Evasive or Incomplete Answer.—For purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer.
     
  4. Award of Expenses of Motion.—If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court shall, after opportunity for hearing, require the moving party to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.

(b) Failure to comply with order.—

  1. (1) Sanctions by Court in County Where Deposition Is Taken.—If a deponent fails to be sworn or to answer a question after being directed to do so by a judge of the court in the county in which the deposition is being taken, the failure may be considered a contempt of that court.
     
  2. (2) Sanctions by Court in Which Action Is Pending.—If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under section (a) of this rule or Rule 35, or if a party fails to obey an order entered under Rule 26(f) a judge of the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:
     
    1. An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
       
    2. An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence;
       
    3. An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;
       
    4. In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination;
       
    5. Where a party has failed to comply with an order under Rule 35(a) requiring him to produce another for examination, such orders as are listed in subdivisions a, b, and c of this subsection, unless the party failing to comply shows that he is unable to produce such person for examination. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

(c) Expenses on failure to admit.—If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that

  1. the request was held objectionable pursuant to Rule 36(a), or
     
  2. the admission sought was of no substantial importance, or
     
  3. the party failing to admit had reasonable ground to believe that he might prevail on the matter, or
     
  4. there was other good reason for the failure to admit.

(d) Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.—If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails

  1. to appear before the person who is to take his deposition, after being served with a proper notice, or
     
  2. to serve answers or objections to interrogatories submitted under Rule 33, after proper service of the interrogatories, or
     
  3. to serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under subdivisions a, b, and c of subsection (b)(2) of this rule. In lieu of any order or in addition thereto, the court shall require the party failing to act to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this section may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Rule 26(c).

(e), (f) Reserved for future codification purposes.

(g) Failure to participate in the framing of a discovery plan.—If a party or his attorney fails to participate in good faith in the framing of a discovery plan by agreement as is required by Rule 26(f), the court may, after opportunity for hearing, require such party or his attorney to pay to any other party the reasonable expenses, including attorney's fees, caused by the failure. (1967, c. 954, s. 1; 1973, c. 827, s. 1; 1975, c. 762, s. 2; 1985, c. 603, ss. 5-7.)

19 minutes ago, key22 said:

 

 

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1 minute ago, nobk4me said:

You need to object to all of them.  Like this: OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

Copy and paste that into every one of their discovery requests.  The reason for this is, participating in discovery may waive your arbitration rights by going too far in litigation.  And you can't just ignore them, either.   Admissions not answered are deemed admitted.

 

ok ok thanks, i will answer that o the interrogators and admission  the same way and as  for as request for documentation  what should i..... say the same thing ....

 

thanks

 

so  no MTC needed

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Just now, key22 said:

so now do i request the discovery from them because i have not done so yet i would guess not

No.  If you want to use the arbitration strategy, you do not participate in discovery in court.  Save it for arb.

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2 minutes ago, key22 said:

ok ok thanks, i will answer that o the interrogators and admission  the same way and as  for as request for documentation  what should i..... say the same thing ....

 

thanks

 

so  no MTC needed

First, use that objection for all their discovery.

Second, yes, the MTC Arb is needed.  But I thought you said earlier you already filed one?

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5 hours ago, nobk4me said:

First, use that objection for all their discovery.

Second, yes, the MTC Arb is needed.  But I thought you said earlier you already filed one?

oh yes i did i did it yesterday i guess i was just asking a little more into the process but i got you

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Just now, key22 said:

court date for Arb is set for 9/2/21

oh it may be a little to late to ask this but i was suppose to send the court date to the lawyer right along with my MTC... I had to change the date so i resent the notice of court date ..i hope i did that correctly

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7 hours ago, nobk4me said:

You need to object to all of them.  Like this: OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

Copy and paste that into every one of their discovery requests.  The reason for this is, participating in discovery may waive your arbitration rights by going too far in litigation.  And you can't just ignore them, either.   Admissions not answered are deemed admitted.

 

Ok here is what i have  for Interrogatories and request for Doc's

I. Responses

Defendant(s) responses the Interrogatories as follows:

1. State your full correct name and any other name or nickname by which you have ever been known.

Defendant’s Response to Plaintiff’s Interrogatory #1

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

2. State your present, completeresidential addressand business address.

Defendant’s Response to Plaintiff’s Interrogatory #2

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

3. State the name, nature, duration and place of each employment or occupation which you have had during the five years prior to this date

Defendant’s Response to Plaintiff’s Interrogatory #3

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

4. State each trade name or assumed name under which you have done business within the past five years and the complete address of each place where business was conducted.

Defendant’s Response to Plaintiff’s Interrogatory #4

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

5. State the full name and present address of each person with whom you have engaged in any partnership or business venture in the past five years.

Defendant’s Response to Plaintiff’s Interrogatory #5

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

6. If you assert that the claim herein sued upon is the obligation of anyone other than yourself, then state the name and present address of each such other person or entity, along with all the facts upon which you rely in support of such position, including your relationship to such other person or entity.

Defendant’s Response to Plaintiff’s Interrogatory #6

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

7. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately proceeding interrogatory.

Defendant’s Response to Plaintiff’s Interrogatory #7

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

8. State fully, completely, and at length the factual basis of each and every defense which you now assert or will insert in this action

Defendant’s Response to Plaintiff’s Interrogatory #8

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

9. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory.

 

Defendant’s Response to Plaintiff’s Interrogatory #9

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

10. State the name, occupation, business address and telephone number of each person who has reliable information relevant to support the contentions you make in your defense in this matter, together with a summary of the information that person has knowledge of.

Defendant’s Response to Plaintiff’s Interrogatory #10

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

11. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory.

Defendant’s Response to Plaintiff’s Interrogatory #11

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

12. State at length and verbatim the contents of each and every document, written, paper or letter which you intend to utilize as a basis or grounds for any defense in this action or which you intend to offer into evidence upon the trial of this action.In addition, state the date and circumstances of preparation or receipt of each such item.

Defendant’s Response to Plaintiff’s Interrogatory #12

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

13. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory.

Defendant’s Response to Plaintiff’s Interrogatory #13

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

14. If you have not admitted any one or more of Plaintiff’s Request for Admissions served upon you of this day herewith, then with respect to each such request not fully admitted, state all facts known to you directly or indirectly, which you contend to be a basis for denial or refusal to admit each search request.

Defendant’s Response to Plaintiff’s Interrogatory #14

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

15Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory.

Defendant’s Response to Plaintiff’s Interrogatory #15

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

16. State verbatim any communication or admission by the Plaintiff that you contend to support your defense in this action.

Defendant’s Response to Plaintiff’s Interrogatory #16

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

17. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory.

Defendant’s Response to Plaintiff’s Interrogatory #17

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

18. As to each of Plaintiff’s Request for Admissions that you have denied based upon a lack or insufficiency of knowledge, provide a complete description of any and all actions you have taken and/or inquires that you have made to provide the answer to such Request for Admission.

Defendant’s Response to Plaintiff’s Interrogatory #18

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

19. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory

Defendant’s Response to Plaintiff’s Interrogatory #19

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

20. Please state with particularity each and every payment made by you or on your behalf to the plaintiff Citibank N. A.THE HOME DEPOT CONSUMER, or any other predecessor, along with the date of the payment, the specific bill, account or invoice such payment was to apply, the balance you alleged was owing at time of said payment, to whom the payment was made, the purpose of the payment and any indication that the payment was received Plaintiff.

Defendant’s Response to Plaintiff’s Interrogatory #20

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

21. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory.

Defendant’s Response to Plaintiff’s Interrogatory #21

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

Here is what it is looking  like  for Admissions

I. Responses to Request for Admissions

Defendant(s) responses to Request for Admissions as follows:

1. You have heretofore received original, or copies of the document(s) attached to plaintiff’s complaint.

Defendant’s Response to Plaintiff’s Request for Admissions #1

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

2. Each of documents attached to Plaintiff’s a complaint is genuine original document or a true copy thereof.

Defendant’s Response to Plaintiff’s Request for Admissions#2

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

3. CITIBANK, N.A. extended credit to Defendant pursuant to a(n) THE HOME DEPOT CONSUMER credit card account.

Defendant’s Response to Plaintiff’s Request for Admissions#3

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

4. Defendant accepted and/or use credit referenced in Plaintiff’s complaint.

Defendant’s Response to Plaintiff’s Request for Admissions#4

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

5. The principal balance is accurate.

Defendant’s Response to Plaintiff’s Request for Admissions#5

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

6. The balance sued for in this action is due and owing by Defendant to Plaintiff.

Defendant’s Response to Plaintiff’s Request for Admissions#6

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

7. Written demand has been made by Plaintiff upon Defendant for payment of the claim that is the subject of this action more than 30 days prior to the date hereof.

Defendant’s Response to Plaintiff’s Request for Admissions#7

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

8. Defendant is not entitled to any credits, offsets, or deductions except as have previously been deducted.

Defendant’s Response to Plaintiff’s Request for Admissions #8

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

9. There are no facts upon which Defendant relies as a basis for any defense in this action.

Defendant’s Response to Plaintiff’s Request for Admissions#9

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

10. There are no documents, writings, letters,records or papers of any sort which Defendant intends to utilize as evidence of or a basis for any defense in this action.

Defendant’s Response to Plaintiff’s Request for Admissions#10

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

11. Defendant agreed to pay interest on the outstanding credit balance.

Defendant’s Response to Plaintiff’s Request for Admissions#11

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

12. Interest on the claim asserted herein by Plaintiff is due in the amounts established by applicable law and by the charges shown in the attachments to Plaintiff’s complaint

Defendant’s Response to Plaintiff’s Request for Admissions#12

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

13. Every statement or allegation contained in Plaintiff’s complaint is true and correct.

Defendant’s Response to Plaintiff’s Request for Admissions#13

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

14. Defendant received statements of account, copies of which are attached hereto as Exhibit “A”

Defendant’s Response to Plaintiff’s Request for Admissions#14

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

15. Defendant did not object to charges on the statements of account

Defendant’s Response to Plaintiff’s Request for Admissions#15

OBJECTION.  Arbitration has been elected, and a jurisdictional motion is before the court.  The scope of discovery is to be determined by the arbitration forum.

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