IN THE CIRCUIT COURT OF ______________ COUNTY, ARKANSAS
_____ DIVISION
________________
vs.
PLAINTIFF
CASE NO. CV _____________
________________
DEFENDANT
DEFENDANT’S FIRST INTERROGATORIES TO PLAINTIFF
Pursuant to Arkansas Rules of Civil Procedure, you are hereby served with the
following written interrogatories. Each interrogatory must be answered separately and
fully in writing under oath, unless it is objected to, in which event the reasons for
objection shall be stated in lieu of an answer. These interrogatories must be answered
within 30 days after service upon you herein.
Renewal of all previously asserted objections and affirmative
defenses: The service of these discovery requests should not in any manner be
interpreted as a waiver or an abandonment of Defendant’s previously-asserted
objections and affirmative defenses, including but not limited to any and all defenses
asserted under Arkansas Rules of Civil Procedure. Defendant hereby expressly renews all
earlier objections and affirmative defenses.
INSTRUCTIONS AND DEFINITIONS
If an interrogatory seeks information contained in a document, Plaintiff may
attach a copy of the document in lieu of answering that interrogatory. If Plaintiff
chooses to answer by reference to a document, its answer must identify the document
upon which Plaintiff relies.
These interrogatories are continuing in nature until the day of trial, and Plaintiff
is required to serve supplemental answers as additional information becomes available.
The following definitions apply to the interrogatories:
1.
The terms “Plaintiff” and “you” and any synonym or plural thereof and
derivatives therefrom means {plaintiff or alleged assignee}{{, as assignee
of {alleged assignor},}} and, in addition, counsel for Plaintiff and all
agents, masters, servants, associates, employees, representatives, private
investigators, insurers and others who are or have been in possession of,
or who may have obtained, information for or on Plaintiff’s behalf.
2.
The term “Defendant” and any synonym and derivative therefrom means
{defendant}.
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3.
The word “person” means an individual, firm, partnership, corporation,
proprietorship, association, governmental body, joint venture, or any
organization or entity.
4.
The word “date” means the exact day, month and year, if ascertainable, or
if not, the best available approximation (including relation to other
events).
5.
The word “document” as used hereinafter includes, but is not limited to,
all written, printed, recorded, or typed records, reports, proposals, drafts,
papers, contracts, documents, books, letters, statements of witnesses,
statements of persons who were not witnesses but who have information
relating to the occurrence which is the subject matter of this lawsuit, notes,
accounting records, logs, memoranda, minutes, statistical compilations,
work sheets, insurance policies, films, photographs, videotapes, voice
recordings, drawings, computer disks, computer tapes, computer stored
information, lists and correspondence, whether or not in your possession
or under your immediate control (insofar as these Interrogatories are
concerned), relating to or pertaining in any way to the subject matter in
connection with which it is used, and further includes, without limitation,
file copies and other copies, no matter how or by whom prepared and all
drafts prepared in connection with such “documents”, whether used or
not.
6.
The words “identify” or “identity” used in conjunction with “documents”
means to state the date of the document, its author and sender (if
appropriate), its intended recipient (if appropriate), and a general
statement of the form and content of each such document reflecting the
contents of the document and the identity of its custodian.
7.
The words “identify,” or “identity” when used in conjunction with a
request for the identity of a “person” means to state the person's complete
name, home address, home phone, business address, business phone, and
job description if you can describe it.
8.
The word “Corporation” means corporation, Inc., and all predecessors,
affiliates, managing agents, officers, and directors.
9.
The word “electronic storage device” means any disk, including hard disks
and floppy disks, CD-ROMs, DVDs, audio tape, network servers, shared
servers, computers, magnetic tape, back-up tape, voicemail, temporary
files, and PDAs, whether currently on Defendant’s premises or otherwise
(e.g., at an employee's home or remote office).
10.
The words “electronic data” means any information, including files,
documents, images, video, metadata or any combination thereof stored,
created or used on any electronic storage device.
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11.
The term “evidence” or any variant thereof, including, but not limited to,
the term ''evidencing,'' when applied to the content of any document, shall
be understood to apply if the document directly or indirectly mentions,
discusses, constitutes, concerns, supports, contradicts, refers to or in any
other way deals with the subject matter described in the Request in which
the term appears.
12.
“And” and “or” have both conjunctive and disjunctive meanings; “all” and
“any” means both “each” and “every”; the plural shall include the singular
and vice versa.
13.
“Any” shall be understood to include and encompass “all.” As used herein,
the singular shall always include the plural and the present tense shall also
include the past tense. The words “and” as well as “or” shall be construed
disjunctively or conjunctively as necessary to bring within the scope of this
request all documents or things that might otherwise be construed to be
outside its scope.
Plaintiff is reminded of the duty to supplement Plaintiff’s answers to these
Interrogatories as required by Arkansas Rules of Civil Procedure.
INSTRUCTIONS AND DEFINITIONS
A.
Each Interrogatory should be answered upon your entire knowledge from all
sources and all information in your possession or otherwise available to you,
including information from your officers, employees, agents, representatives
or consultants and information which is known by each of them. An
incomplete or evasive answer is a failure to answer.
B.
If any answer is qualified, state specifically the terms of each qualification and
the reasons for it. If an Interrogatory cannot be answered in full, state the
part which can be answered and answer the same in full to the extent possible;
state further and specifically the reason(s) why the remainder cannot be
answered.
C.
Unless otherwise specified in a particular paragraph, provide the information
and documents requested for the period of one year prior to the date of filing
the complaint to the present. Each Interrogatory is considered continuing,
and if Plaintiff obtains information which renders its answers or one of them,
incomplete or inaccurate, Plaintiff is obligated to serve amended answers on
the undersigned.
D.
A request to identify a document is a request to state as applicable:
1. The date of the document;
2. The type of document;
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3. The names and present addresses of the person or persons who prepared the
document and of the signers and addressers of the document;
4. The name of the employer or principal whom the signers, addressers and
preparers were representing;
5. The present location of the document;
6. The name and current business and home addresses of the present custodians
of the original document, and any copies of it;
7. A summary of the contents of the document; and
8. If the original document was destroyed, the date and reason for or
circumstances under which it was destroyed.
E.
If any Interrogatory may be answered fully by a document, the document may
be attached in lieu of an answer if the document is marked to refer to the
Interrogatory to which it responds.
INTERROGATORIES
1.
Identify any persons employed by, contracted with, or associated with Plaintiff
that has contacted Defendant by any means (whether via telephone, written
correspondence through the U.S. Postal Service, electronic mail or facsimile, or in
person) in any regard associated with the alleged debt that was the subject of this
litigation. Provide the person(s) full name(s), alias(es), job title(s), telephone numbers,
mailing addresses, and name(s) of their employer(s). {{omit paragraph in suit by
original creditor}}
2.
State the names, aliases, job title, business and home addresses and telephone
numbers, date of initial employment and date of and reason for termination of
employment of each of your employees who contacted Plaintiff or another person
regarding this debt. {{omit paragraph in suit by original creditor}}
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3.
Identify with specificity any documents in the custody, possession or control of
Plaintiff that purport to indicate Defendant is indebted to Plaintiff.
4.
Provide the name and address of the original creditor, the original amount of the
debt, the date the debt was purportedly incurred, and the account number(s), if
applicable.
5.
State the name(s), business address(es) and job title(s) or capacity(ies) of the
officer(s), employee(s) or agent(s) answering or providing any information used to
answer each Interrogatory.
6.
State the correct legal name of your organization.
7.
State any other names which your organization uses to identify itself, whether
such names are registered with any official, and the date and place of such registration.
8.
State the form of your organization, the date and place the organization was
organized and registered and/or licensed to do business.
9.
State the names, aliases, job title, business and home addresses and telephone
numbers, date of initial employment of all current employees who engage in the
collection of consumer accounts for Plaintiff. {{omit paragraph in suit by original
creditor}}
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10.
Is Plaintiff affiliated with any other organization (e.g., common ownership,
overlapping offices or managers or common facilities or employees)? If so, describe the
affiliation and identify the participants.
11.
Identify and describe each document known to Plaintiff which is related to the
account of Defendant.
12.
List and explain all abbreviations and codes, letters, numerals, or symbols
regularly used by Plaintiff in its records or collection activities.
13.
Identify the date, time, type (e.g., letter, telephone call), witnesses to or
participants in, and the substance of each contact with a person other than Defendant
made in connection with the collection of the alleged debt of Defendant. {{omit
paragraph in suit by original creditor}}
14.
Identify each document, recording and person furnishing information with
regard to your response to the immediately preceding Interrogatory. {{omit
paragraph in suit by original creditor}}
15.
Identify all present and past contracts or agreements between Plaintiff and the
creditor and give the date of the initial contract or agreement with the creditor. {{omit
paragraph in suit by original creditor}}
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16.
Identify the terms of the agreement between Plaintiff and the creditor pursuant
to which Plaintiff sought to collect this account from the Defendant. {{omit
paragraph in suit by original creditor}}
17.
Do you have any evidence of when the collection account which is the subject of
this lawsuit was referred to you and, if so, explain and describe that evidence in detail.
{{omit paragraph in suit by original creditor}}
18.
Describe any other business other than the collection of consumer accounts in
which Plaintiff now engages or in the past has engaged. {{omit paragraph in suit by
original creditor}}
19.
How did Plaintiff locate Defendant? {{omit paragraph in suit by original
creditor}}
20.
With regard to the debt allegedly owed by the Defendant, itemize the amount of
each portion of the debt and the authority therefore.
21.
Identify by name, position, address and phone number all witnesses Plaintiff
proposes to call to trial.
22.
List all exhibits Plaintiff proposes to introduce at trial.
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23.
Identify each person whom the Plaintiff expects to call as an expert witness at
trial, state the subject matter on which the expert is expected to testify and the
substance of the facts and opinions to which the expert is expected to testify, and a
summary of the grounds for each opinion.
24.
If your response to the Requests for Admissions served simultaneously herewith
is anything other than an unqualified admission, then please state as to each denial the
specific facts forming the basis for such denial and identify each witness and document
upon which you will rely to support your denial.
Respectfully submitted this
day of
, 20
By: __________________________
ATTORNEY NAME
LAW FIRM
ABN 2000000
PHONE NUMBER
ATTORNEY FOR DEFENDANT
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