I finished my Admissions & Requests & Interrogatories to send to the plaintiffs along with my answers to theirs. I would like it if you wonderful people on this site would critique them and give me suggestions as to what I need to change or add to them.
Thank you all as I learn everyday as I read through the posts.
IN THE CIRCUIT COURT OF xxxxxxxxxxxxxxxxxxxx
ASSOCIATE CIRCUIT DIVISION
Plaintiff, ) Case No: xxxxxxxx
) Division: xxxxx
PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO
COMES NOW Defendant xxxxxxxxxxxx, and pursuant to Missouri Supreme Court rule 57.01 propound the following Interrogatories to Plaintiff, xxxxxxxxxxxxxxxxx, to be answered separately in writing and under oath. The answers to these Interrogatories should be signed by the person making them, and a copy of the answers should be served Defendant xxxxxxx no later than thirty (30) days subsequent to the service of these Interrogatories, at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.
The following definitions are to be used in responding to the following Request for Admissions.
A. "Plaintiff," means xxxxxxxxxxxxxxxxxx, or any agent, employee, officer, director, or any other person acting on its behalf.
B. "Defendant" means, xxxxxxxxxxxxx an individual.
1. Respond to each interrogatory pursuant to the definitions and instructions.
2. State any objection to any interrogatory with specificity.
3. If you claim a privilege as a basis for not responding completely to an interrogatory or otherwise object to an interrogatory, describe the factual basis for your claim of privilege or other objection in sufficient detail to permit the Court to adjudicate the validity of the claim or objection.
4. These interrogatories shall be continuing, and you are required to file supplemental responses to each interrogatory in the event new or additional information is obtained or acquired.
5. The conjunctions “and” and “or” shall not be interpreted disjunctively to exclude any of the information requested.
6. You are to furnish all information in your possession and all information available to you and not merely such information as you know of your own personal knowledge. This includes information that is available to you, the company at large and your agents or representatives. Where a response to an interrogatory sets forth information which is not based upon your own personal knowledge, but rather upon the knowledge of your representative, you are to so indicate in your response.
7. When an interrogatory requires you to identify a person, individual, or a witness, state that person’s name, address, and telephone number.
Interrogatory No. 1: Identify all persons involved in the preparation of the answers to the interrogatories. For each such person, provide their address and telephone number. For each such person, also identify which interrogatory that person responded to. Please also include their title with the Plaintiff and length of time of employment, if applicable to that person.
Interrogatory No. 2: Identify each person who has knowledge or claims to have knowledge of information or events related to this lawsuit. For each such person, give their name, address, telephone number, and a summary of that person’s knowledge or involvement in this matter.
Interrogatory No. 3: Identify each of your employees who have had direct involvement with the account of Defendant, including, without limitation, account representatives, employees involved in acquiring the account if the account was acquired, employees involved in the decision to refer the account to outside counsel, and any and all employees who worked with, supervised or have personal knowledge of the account of Defendant in any way.
Interrogatory No. 4: Provide the title, job description, contact information (including address and telephone number) of each individual listed in the answer to interrogatory #3.
Interrogatory No. 5: Identify all lawsuits you have been involved with during the past three years in Missouri.
Interrogatory No. 6: You claim that you acquired this account from xxxxxxxxxxx. Identify with particularity all documents the evidence such assignment including what consideration was given for the claimed assignment.
Interrogatory No. 7: You claim that Defendant owes a certain amount on a so-called delinquent credit card debt. Identify with particularity all documents that evidence such a debt and the chain of title of custody of those documents that verify that you are the rightful owner of this account.
Interrogatory No. 8: You claim that Defendant owes a certain amount on a so-called delinquent credit card debt. Identify with particularity all documents in your possession or any document that you intend to produce at trial to substantiate your claim.
Interrogatory No. 9: Identify each witness you intend to call at trial. For each witness, provide a summary of the subject matter about which each is expected to testify.
Interrogatory No. 10: Identify the “most knowledgeable person” as that term is understood under the Federal Rules of Civil Procedure at your company that would represent you at a deposition. For the MKP, please provide in detail every fact known by the MKP that relates to this issue.
Interrogatory No. 11: Describe your personal knowledge of the method of keeping business records at xxxxxxxxxxxxx, if any. If you have any knowledge, describe how you attained that knowledge.
Interrogatory No. 13: Do you claim to have personal knowledge of the statements, accounts, or records of the original creditor? If so, provide the basis for that knowledge.
Interrogatory No. 14: Did you provide notice of the assignment of this account to Defendant when you acquired the account? If so, on what date did you provide the notice?
Interrogatory No. 15: If you, or anyone on your behalf, has taken any oral, written, or recorded statements from any person regarding any matter relevant to this lawsuit, please provide the names of the individuals giving and taken such statement, the location such statement was given, the persons who have custody of the statement, whether in hardcopy or electronic format.
Interrogatory No. 16: Itemize each and every piece of information you were provided by the assignor of this account when you acquired it. Itemize each and every piece of information you have received from the assignor regarding this account at any time.
Interrogatory No. 17: Defendant claims to have no knowledge of this account. State with particularity and in detail every fact or piece of information in your possess that form any part of your contention that Defendant owes on this account.
Interrogatory No. 18: If you responded with anything but “Admitted” to any Request for Admission served contemporaneously with these interrogatories, provide a detailed factual basis outlining why that request could not be admitted.
xxxxxxxxxxx, pro se Defendant
Dated this day of .
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Interrogatories was mailed to Plaintiff’s attorney of record (xxxxxxxxxxxxxxxxxxxxxx), the law offices of:
DEFENDANT’S SWORN SIGNATURE
STATE OF )
COUNTY OF )
The below-named person, being duly sworn on his/her oath, states that he/she has read the foregoing requests and the responses given are true to the best of affiant’s knowledge and belief.
The foregoing responses were subscribed and sworn to before me this _____ day of ___________ 20_.
My Commission expires:
CERTIFICATE OF MAILING
A completed copy of the above and foregoing Plaintiff's Answers to Defendant's First Interrogatories Directed to Plaintiff xxxxxxxxxxxxx was mailed via United States first class mail, postage prepaid, this _____ day of _________,20_, to:
Defendant Pro Se