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Request For Production Of Documents
See Discovery; Pretrial Discovery
Question: I doing a Request for Production of Documents and I need to add a Business Related Document and draft a subp? draft subpoena that related to a family law divorce. Not sure of which subpoena to use and how to insert the Business Related Doucments into the RFPD? Help?
Answer: First, when asking a question like that, you need to let us know what jurisdiction you are in. Different jurisdictions have different forms and rules for RFPs.
Good luck,
Dana (attorney admitted in 2 states)
Question: Can I request further Demand for Production of Documents? O.K. Perhaps if I simplify my question- Opposing counsel finally responded to Demand for Production. The Demand was specifically outlined, requesting proof of allegations in a California Restraining Order bench trial. The response did NOT address any of the specified requests. Can I (pro per) request that opposing counsel send responses to specified requests within the Demand? Can I simply write opposing counsel or is there a form? Thank you.
Answer: If you are referring to a Demand for Production of Records and Documents and these documents were in the opposing party's possession or reasonably accessible to them; then the doc's should have been produced.
You do not need to request the same thing again.. if they did not produce then you file a motion to compel with the court and ask for sanctions for their non-compliance. If you want sanctions you must first give them an opporunity to remedy the situation.. fire off a letter give them 10 days to remedy then file your motion if they don't.
If you are talking about "other" documents/records not requested in your original Demand then yes, you can make a Demand for further documents/records.
Go to your local law library and research discovery methods.. many jurisdiction have "forms of pleading and practice" that could be beneficial for you.
Question: Question re: A Demand for Production of documents? Is it true that if a reasonable and timely Demand for Production of documents, is met with non-compliance and no objection, said documents are then inadmissible should they be produced in court on the trial date? There have been two requests- both have been met with no response. This is a civil case in California. Thank you.
Answer: File a motion for discovery through the court. Send all mail certified, return receipt.
Question: In civil lawsuits: are “request-for-production” items given to the court or to the adversary? Or are these items (Documents, audio tapes, etc.) given both to the court and to the adversary? If they are given to the court, can copies be made of them, or must they be viewed and studied during the times that the judicial building is open?
Answer: In general they are provided to the person who asks for them. In some cases the court may have to be copied. If they contain sensitive or confidential material then the provider may ask the court to allow him to simply make them available to the requester for review, rather than give him a copy.
Richard
Question: I need MN Court Forms, but I cannot find them.? I need: 1) Summons and Complaint; 2) Answer; 3) Interrogatories; 4) Request for Production of Documents; 5) Request for Admissions; 6) Notice of Motion and Motion In Limine; 7) Notice of Taking Deposition
Regarding a fake automobile case for a trial prep class.
Answer: http://www.mncourts.gov/default.aspx?page=513
Question: What does this mean please let me know? CERTIFICATE OF SERVICE OF RESPONDENT'S FIRST SET OF INTE-
RROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS
The "interrogatories?
Answer: Interrogatories are written questions that are served on an opposing party in a lawsuit that have to be answered in writing. A request for production is a demand for certain specific documents and/or types of documents. A certificate of service is a document that attests to the manner in which the interrogatories and request for production were served and by whom.
Question: Information on Child Custody!? Do you have to answer Interrogatories and Request for Production of Documents ? we are going through a child costody battle! PLEASE HELP! THANKS
Answer: Yes, you are obligated by the court to answer questions and provide documents.
If you refuse, you could be charged with contempt of court and go to jail. That's just for starters. If you get a jerk for a judge, they can nick you for child endangerment and a hole lot of other charges.
Just cooperate.
Question: motion to quash subponea duces tecum? I have been served with a subpoena duces tecum for an increase in child support. I believe I can quash this because it is not specific in requesting "any documents relating to expenses for the children". Can I quash it based on this? Is there a standard form to quash in the state of Texas? Also, the subpoena states that I am to give testimony at the time that I deliver the documents. My understanding is that this document can not be used to require oral testimony. Below is what I am basing this on and is from http://www.answers.com/topic/subpoena-duces-tecum-3
"A subpoena duces tecum is used to compel the production of documents that might be admissible before the court (duces tecum is Latin for bring with you). It cannot be used to require oral testimony and ordinarily cannot be used to compel a witness to reiterate, paraphrase, or affirm the truth of the documents produced.
Although frequently employed to obtain discovery during litigation, a subpoena duces tecum may not be used for a "fishing expedition" to enable a party to gain access to massive amounts of documents as a means of gathering evidence. The subpoena should be sufficiently definite so that a respondent can identify the documents sought without a protracted or extensive search."
I have been served with a written discovery for requests of disclosure, request for production and inspection of documents and first set of written interrogatories.
This is asking for the same information in the subpoena; why do I need to personally deliver the response for the subpoena when I am sending the notarized documents in the written discoveries? Why do I have to go to the defendant's attorney's office?
Answer: 1) "Any documents relating to expenses for the children" is not over broad. Whether you are the one asking for an increase, or the one being asked to increase what you pay, a full accounting of what you already pay is essential. In fact, the fuller the accounting you provide, the better for you - because any expense that you do not document doesn't exist, and won't be taken into account.
2) A duces tecum cannot, alone, be used to compel oral testimony from a *witness*. It appears from your post that you are not a witness, you are a party. As such, you're going to have to testify anyway. The subpoena just requires you to bring the supporting documentation.
Richard
Question: How can we be sure that we are NOT accidentally electing Biden to be President? ? If Obama has nothing to hide why not produce the asked for material?
From the law suit described in the PACE jusdicial system:
The conclusion of Mr. Berg's brief reads:
Plaintiff served discovery in way of Admissions and Request for Production of Documents, on Defendants on September 15, 2008 and has attempted to obtain verification of Obama’s eligibility through Subpoenas to the Government entities and the Hospital’s in Hawaii. To date, Plaintiff has not received the requested discovery from the Defendants and two (2) of the locations, which subpoenas were served upon, refused to honor the subpoena.
http://obamacrimes.com/
Answer: I cannot understand why people keep stating this was debunked months ago when it's going on RIGHT NOW.
No matter which way it goes, it's a case pending right now in PA.
Question: Is Obama's playing possum a red herring? Why not show the birth certificate in a sworn environment ? Why would he not ?
If it is as simple as producing a birth certificate, then why object?
What could his reason be? To keep his opposition off balance? Why ?
As a voter I need to know.!!
From the law suit described in the PACE jusdicial system:
The conclusion of Mr. Berg's brief reads:
Plaintiff served discovery in way of Admissions and Request for Production of Documents, on Defendants on September 15, 2008 and has attempted to obtain verification of Obama’s eligibility through Subpoenas to the Government entities and the Hospital’s in Hawaii. To date, Plaintiff has not received the requested discovery from the Defendants and two (2) of the locations, which subpoenas were served upon, refused to honor the subpoena.
http://obamacrimes.com/
Answer: This was NOT debunked months ago. This IS happening in a PA court RIGHT NOW. Rather than produce the documents, Obama filed a motion to dismiss. Berg filed a response and both are awaiting the judge's decision.
Question: Was served a summons and need to respond within 20 days...? Would a " Notice of Intent to Defend with a debt validation" letter be considered an "Answer" to the summons? I wrote the dv letter to the creditor and also notified to clerk of the court that I cannot respond to this summons without the debt being validated. I also mentioned that when I do hear back, I will write back with my response. In addition, I did not yet hear back from the creditor (and it will be 30 days in 5 more days) but would like to know if I can still file a Sworn Denial along with the Request for Production of Documents right now at the very moment? Or should I wait until the 30 days is up?
Thanks again for you help!
Answer: "Would a " Notice of Intent to Defend with a debt validation" letter be considered an "Answer" to the summons?"
Not necessarily. In fact, probably not.
The summons must be answered, in the proper format, within the 20 day deadline. If you are being sued in small claims court, where formats and rules are relaxed, then your letter "may" - if you filed it in the proper manner - meet the requirements to be a legal answer to the summons.
"I... notified to clerk of the court that I cannot respond to this summons without the debt being validated."
That's wrong. That the creditor had not validated the debt after being properly asked to do so is a defense at trial. It does not absolve you of the requirement to answer the summons within the deadline.
"I also mentioned that when I do hear back, I will write back with my response."
Doesn't matter. You have missed the deadline to legally respond. In law, at this moment, the suit is unchallenged. In effect, by not telling the court - in the proper format and in a timely manner - "I don't owe this money", you have effectively admitted that you do owe the money.
"In addition, I did not yet hear back from the creditor (and it will be 30 days in 5 more days)"
The creditors deadline to answer discovery requests, including requests for documents, starts at the end of the period that you had to answer the summons. Since you didn't answer the summons, in most cases you have no legal standing to request discovery, and he can proceed to trial without sending you anything.
"but would like to know if I can still file a Sworn Denial along with the Request for Production of Documents right now at the very moment?"
Maybe. Depends on State law, and on the relevant courts rules of civil procedure. Once court ordered deadlines have been missed, to 'go back and get a do-over' is difficult. I would *strongly* recommend that you consult a local lawyer.
"Or should I wait until the 30 days is up?"
No. Do not wait another day. Consult a local lawyer today. It 'may' already be too late, it may not.
Richard
Question: Legal question about debt collection court case. IL resident vs Midwest Credit Collections.? I was entered for a default judgment in a court case involving midwest credit collections for slightly over 1500 dollars on 5/01/2008. I never received a summons for court in person, the mail, or on my door. I have only been to court for this one time, as i didn't know the case existed, which was when i was arrested for not appearing for a court date.
The summons they used was apparently an "Alias Summons filed with Proof of Service". This is my first question, What is this? a mailed letter? a summons paper hand delivered? I do not recall getting this, so i went to jail for it until i Motioned for release, which was granted by the judge. The judge then set, cause continued for further order.
Today i got a letter in the mail from Midwest Credit Collection stating that The petition for adjudication of indirect civil contempt has been continued for hearing on 4/08/2010, and that A warrant may be issued if i do not show up to place an answer to the Petition for Rule to show cause.
What my second question is then, is can i get this case dismissed, and how? Would it be possible to use a Request for Production of Documents to do this, or should i somehow file an appeal on the default judgement that was entered on 5/01/2008?
Please and Thanks for any help folks.
Answer: Here is a guide I created about being improperly served a summons...or not served at all:
Many bottom-feeder debt collectors have figured out that if they "accidentally" serve you a summons to an old/incorrect address where they know that you won't be there.....that you will be a "no show" on the court date because you weren't aware of it.....Then.... boom....an automatic default judgment is assessed against you. This is how these bank account freezes usually occur out of the clear blue sky. When the time comes to assess the judgment, they have no trouble finding your "real" address.
It is illegal to deliberately serve someone at an incorrect address. This tactic is called a "sewer service" summons delivery. If you can document that you were improperly served, you may be able to get this judgment voided.
Go to the clerk of the court of the court that granted the judgment. You want copies of all documents in the case against you. You want to examine the 'proof of service' documents to determine who/where service is claimed to have been performed. File a motion with the court to have the judgement vacated because the plaintiff improper serve you
If you are sure that you were not served: Send a letter via certified with return receipt (Not regular mail) to the law office and state: I am requesting official validation of the alleged summons that was served to me, to include:
- The full name of the person who served the summons
- The full name of the person who signed for the summons
- A copy of delivery notice showing the signature
- The exact address that the summons was delivered to - The date and time of delivery.
Receipt of this letter is being officially time stamped by the USPS. Refusal to validate will be documented.
Question: Question regarding default judgment and going to Trial? I had a default judgment filed against me. I was not served. I filed a motion to vacate the default judgment. I went to court, proved I was not served and had the judgment set aside and a trial date was set. Immediately after court I had the plaintiff served with an answer to verified complaint, also I served him with a first set of special Interrogatories and a request for production of documents. Trial is set for Mid May, I have a witness I want to bring to court. Do I need to notify the Plaintiff of the name of the witness or can he just show up to trial?
And please no "contact a attonrney" stuff or crap like that. I just need some advice to my question. Thanks in advance
Also, In the State of California, If I do need to notify the plaintiff of my witness, do I file a declaration? How exactly do I notify them? what form is it? of is it just a declaration? Thanks
Answer: you should notify them of any and all witness you plan to call!!!
Question: What do you think pf these apples? It looks like Obama is an illegal alien, eh? Obama Refuses to Answer Birth Certificate Lawsuit
Friday, October 24, 2008 4:16 PM
By: Kenneth R. Timmerman Article Font Size
A Pennsylvania lawsuit alleging that Barack Obama is not a “natural-born citizen” of the United States took an unusual twist this week, after a federally mandated deadline requiring Obama’s lawyers to produce a “vault” copy of his birth certificate expired with no response from Obama or his lawyers.
The lawsuit, filed by former Pennsylvania Deputy Attorney General Philip J. Berg — a self-avowed supporter of Hillary Clinton — alleges that Barack Obama was born in Kenya and is thus “ineligible” to run for president of the United States. It demands that Obama’s lawyers produce a copy of his original birth certificate to prove that he is a natural-born U.S. citizen.
Berg's suit and allegations have set off a wave of Internet buzz and rumors, though Obama could easily have put the matter to rest by providing the federal court with the basic documentation proving he is eligible to take the oath of a president. But Obama has apparently decided to deny the court and the public that documentation.
The Constitution provides that any U.S. citizen is eligible to become president if the person is 35 years of age or older and is a natural-born citizen; that is, born in the territorial United States.
By failing to respond to the Request for Admissions and Request for the Production of Documents within 30 days, Obama has “admitted” that he was born in Kenya, Berg stated this week in new court filings.
Berg released a long list of “admissions” he submitted to Obama’s lawyers on Sept. 15, and asked that they produce documents relating to Obama’s place of birth and citizenship.
Instead of responding, lawyers for Obama and the DNC asked the court to dismiss the case. But Judge R. Barclay Surrick of the Eastern District of Pennsylvania has issued no ruling in the case that would have given Obama’s lawyers more time.
“There are lots of legal ways to stonewall,” a well-placed Republican attorney told Newsmax, who was not authorized to comment officially on the case. “But failing to respond is not one of them.”
Answer: NOBAMA!!!
Question: Medical Malpractice Arbitration Plaintiff Consolidation? Myself and 2 sisters have filed a demand for arbitration and listed each of us as plaintiffs. The malpractice concerns the death of our Mom. The large HMO hospital in Southern California has a large law firm representing their interests as respondents. The law firm sent each of us 5 documents with questions and production of documents (5 docs times 3 sisters = 15 replies). I want to know if there is a motion or procedure I could use to consolidate our Arbitration so that the 3 of us will be considered 1 plaintiff. The law firm has requested copies of all documents, records, notes, etc... to each of us individually, but there is no way that we should be required to copy and submit 3 copies of the same information regarding the treatment of our Mom.
How can I get the Respondent and/or arbitrator to group the 3 of us as 1 plaintiff?
Answer: Three plaintiffs, one case. An arbitration is just like a courtroom procedure, so unfortunately, the lawyers are allowed to propound discovery (requests for information) to all three plaintiffs. The American Arbitration Association's commercial rules of arbitration may vary in this regard, but your attorney should know this. If you have one. If this is binding arbitration (which I assume it is), please get an attorney to represent you. Since it involves the death of your mom, I imagine there is a substantial amount of money at stake.
Question: Bad check writing again. Hey legal beagles, Does Text Messaging count as a written document?
Does Text messaging to a person in lieu of writing a letter, legal? In other words for example, I demand that someone return my monies that they owe me for writing me bad checks. Does the text messaging count as a legal documented request. The Law states that I must put in writing the request to pay me back within 30 days a bounced check, if the person in question fails to pay, the law interprets this failure to pay action criminal. Also if a complaint is filed against such party 'does THIS action also count as a written demand to return monies?
Also Thanks for the $100,000.00 response, and in answer why? I WAS in production for a product, several accounts, all different bank sources, all kited apparently, or floated, and closed accounts, or insufficent funds. Only enough funds for my banks to be mislead in believing their were funds..and perhaps funds were moved. Still being investigated. It is costly for the detectives to do their research so as tenacious as I am..I am doing mine. I truly appreciate all these answers...!!!!!
Answer: I wouldn't count on it being admissible. You really cannot prove that they received the message.
Question: I Need a Reliable Yes or No Answer to Legal Discovery Document Question. Experienced Help, Please? I live in CA. and am going through the division of property phase of a divorce. I am the Petitioner. This case has been dragging on for so long that the divorce itself has already gone past it's legal waiting period & been finalized. I am now planning to serve Respondant with a Request for production of Documentation. My Question? Can I just type this up and mail it to the defendant, or does it have to be done through the court?
Btw, I no longer retain an attorney, as the respondant has brought this down to a "pots & pans" case ( not worth paying an attorney to keep up with their laughable documentation being 'served' on me involving imaginary golf clubs, etc.)
My reason for considering the request for prod. of documents is basically to show that everything the respondant has stated in their Income and Expense and Assest and Debt forms is absolutely false. I just want this annoyance to end.
Thank You.
I should have been more specific with my question. Does the document itself have to be a legal document that I file with the court (the Request for Production of Documents), or can it just be a letter that I type up myself listing the documents I'm requesting? Thanks.
Answer: If you are representing yourself, pro se, then you are able to draft these documents yourself. However the "Petitioners Request for Production of Discovery Documents" is not a letter, it's a legal pleading, if you will. The legal form would look exactly like the complaint that you served on the respondent (which I hope you have a copy of). Just copy the caption (the information with the court, names of parties and index number, the way it looks on the complaint) and also, find the Civil Practice Rule that governs your request for these documents, and state that rule in the first sentence of your pleading. Then list the documents you are requesting by paragraph (1., 2., 3., 4.)
However, be prepared to receive an objection from the respondant's counsel stating that your request is overbroad or doesn't lead to any admissable. In which case, then you would have to file a motion to retrieve these documents and have a judge rule in your favor.
Question: Can someone crtuque my resume summary and give suggestions? Summary:
Result-oriented production clerk responsible for coordinating and expediting the flow of document duplication services and subpoena requests within or between departments. Reviewed and distributed production, work, and shipment schedules; conferring with department supervisors and adjusters to determine progress of work and completion dates. Examine documents, materials, and products, and monitor work processes, in order to assess completeness, accuracy, and conformance to standards and specifications. Enter, store, and retrieve information on computer-aided equipment. Maintain, adjust, and clean equipment, and perform minor repairs. Requisition and maintain inventories of materials and supplies necessary to meet production demands.
Answer:
I used this resume writing service in my area, this is there website: http://www.resumeworld1.com you should try them, it only cost me $35.00 and I got a great job from this new resume, I never thought about the format that they use but the turn around time was less then 24 hrs. I would have to say it was the best service I have ever used and it was worth every dime. Also they let me pay through Pay Pal
Question: no immigration interview? i tried looking for answers online but found nothing. help? my husband and i have been married for 3 years so we filed for his adjustment of status back in may. biometrics have been taken, medical test have been done. now i know green card thru marriages require an interview, but when i go to check my status online, no interview appears on the steps. it appears like this :
acceptance
initial Review
Request for Evidence
Decision
Post Decision Activity
Card/ Document Production
online it says i'm on the "request for evidence " step obviously since no desicion has been yet made. but where's the interview??
Answer: You've only been in the application process since May. It usually takes a lot longer than that. Be patient. You could be looking at years.
Question: Is 0bama's Holder playing the Race Card with the New Black Panthers? Does asking this question make me a raci? U.S. Panel Chides Holder in Panther Probe
By Jerry Seper
The U.S. Commission on Civil Rights asked Attorney General Eric H. Holder Jr. on Wednesday to name a Justice Department official to oversee the production of what it called "our overdue information requests" for documents in the dismissal of a civil complaint against members of the New Black Panther Party accused of disrupting a Philadelphia polling place in the November elections.
Commission Chairman Gerald A. Reynolds said in a letter that the department has been "largely non-responsive" to requests for information since questions about the dismissal were first raised in June and had turned over "none of the documents" being sought.
Mr. Reynolds said that after seeking to work with department subordinates to get access to the documents, the commission turned directly to Mr. Holder in August but had still not received any of the requested information, including documents on previous voter intimidation investigations "so we could determine whether the department's action in the NBPP case constitutes a change in policy and, if so, what the implications of that change might be."
He said the commission knew the department's Office of Professional Responsibility (OPR) had begun an inquiry into the case and that the department had asked to delay any response until that investigation was complete, but he said the commission would be "sensitive to OPR's internal ethics review as we move forward with our own inquiry."
"The commission will work to accommodate any legitimate concerns the department may have regarding specific requests for information once the department begins its production," he said.
The commission voted in early September to investigate the matter, saying it would make an "independent judgment regarding the merits of the NBPP enforcement actions (regardless of how the decisions were made) and the potential impact on future voter-intimidation enforcement by the department."
The commission wants to know why the Justice Department dismissed a civil complaint accusing members of the New Black Panther Party of disrupting a Philadelphia polling place during last year's election, saying the department had offered only "weak justifications."
Matthew A. Miller, Justice Department spokesman, said the department "vigorously enforces voting rights laws," noting that it had obtained an injunction against the defendant who held a nightstick in front of a polling place during voting hours.
"The department will fully enforce its terms," he said, noting that the commission previously requested the department examine the case and an inquiry is under way to determine whether further review is warranted.
"Career supervising attorneys who have over 60 years of experience at the Department of Justice ... made the decisions in this case after a thorough review of the facts and applicable legal precedent," he said.
But Mr. Reynolds, a former deputy associate attorney general under President George W. Bush, has voiced concerns that the legal precedent set by the department in its May decision to drop the case against three of four named defendants would encourage "other hate groups" to act similarly at polling locations in the future. He also has charged that other groups might not have been treated so leniently.
"If you swap out the New Black Panther Party in this case for neo-Nazi groups or the Ku Klux Klan, you likely would have had a different outcome," he said in an August interview. "A single law, a single rule should be applied across the board."
The commission is an independent, fact-finding body charged with investigating civil rights complaints and making recommendations to the federal government about how to fix problems it uncovers.
In January, the Justice Department filed a civil complaint in Philadelphia against the New Black Panther Party after two of its members in black berets, black combat boots, black shirts and black jackets purportedly intimidated voters with racial insults, slurs and a nightstick. A third party member was accused of managing, directing and endorsing their behavior. The incident was captured on videotape.
Four months later, the Justice Department dropped the charges against all but one of the defendants, saying "the facts and the law did not support pursuing" them. The department also said the New Black Panther Party had disavowed what happened in Philadelphia, had suspended that city's chapter and that one of the Panthers, Jerry Jackson, had been allowed by Philadelphia police to stay at the polling place as a certified Democratic poll watcher.
Before the charges were dropped, a federal judge in April had ordered default judgments against the Panthers after they refused to respond to the charges or appear in court. The Justice Department also was in the final stages of seeking sanctions when a delay in the proceedings was ordered by Loretta King, acting assistant attorney general.
The rul
Answer: Well, first off... hw dare you question one of Obama's elite... and yes.. I am afraid you must be a racist now. Anyone who questions any black person these days is racist. There are no questions allowed.. we are just supposed to believe unconditionally.
And the reason holder does not respond as does not want this probe to take place.. well , pretty obvious.. he knows all about the hanky panky that went on/. Obama's whole back up crew do. They know what they did, they know how they won the election.. they know they are all as crooked as they are inexperienced. What we have now is Chicago style politics.. and look out.. if you do not agree.. well you will be dead.
This is what Obama and his thugs have brought to the White house... to the people's house. It makes me sick!
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