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I need links to Discovery sample letters

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Shane Mac

Joined: 23 Aug 2008
ShaneMac's page
Posts: 16
Location: In the South

649 Magic Points

Subject: I need links to Discovery sample letters

Wed Oct 01, 2008 8:31 pm

Discovery sample letter.

I have seen this here before but do not have the links

Can anyone help ?
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Shane Mac

Mary

Joined: 06 Jul 2006
Mary's page
Posts: 348

9244 Magic Points

Thu Oct 02, 2008 12:35 pm

Hi Shane
Can you be little specific about what do you mean by Discovery sample letters so that we can help you out with it.
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Where there's a will, there's a way !!

goodnatured

Joined: 03 Nov 2007
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Posts: 3172

1091 Magic Points

Sat Oct 04, 2008 12:31 am

Yah please, there are many letters here they are all under stickies.
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Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

Shane Mac

Joined: 23 Aug 2008
ShaneMac's page
Posts: 16
Location: In the South

649 Magic Points

Subject: Attached is discovery sample letter.

Wed Oct 08, 2008 5:18 am

Discovery process should take place before the Validation process.
Very simular --but Judges really like to see the process of discovery first.
Rules of discovery differ from state to state . Below is one I have found but have more .. Also Have a motion of discovery I have found for my state.

Sample of Discovery Notice

IN THE DISTRICT COURT OF MARYLAND FOR CECIL COUNTY

Alleged company name

Plaintiff CASE NO. 123456789

Vs.

Your name

Defendant

INTERROGATORIES
Or DISCOVERY

TO: Company name, Plaintiff

FROM: your name, Defendant

The Defendant, pursuant to Rule 3-421 of the Maryland Rules of Civil procedure, propounds the following Interrogatories, to be answered within fifteen (15) days after service of the same, subject to the following instructions.

(a) These interrogatories are continuing in character, so as to require you to file supplementary answers if you obtain further or different information before trial.

(b) “Identify” or “Identification” when used in reference to an individual person means to state his full name, business affiliation, present or last known home and/or business telephone number and present and/or last known residence address. “Identify” or “Identification” when used in reference to a document means to state the type of document (e.g. letter, memorandum, telegram, chart, etc.) or some other means of identifying it, the date, if any, its present location and the name and address of its custodian. If any such documents was, but is no longer, in your possession or subject to your control, state the disposition was made of it and the reason for such disposition.

( c) Unless otherwise indicated, these interrogatories, and all references to the “occurrence” refer to the time, place and circumstances mentioned or complained of in the pleadings.

(d) Where knowledge or information in the possession of a party is requested, such request includes knowledge of the party’s agents, representatives and unless privileged, his or its attorney. When the answer is made by a corporate or partnership plaintiff, state the name and address and title of the person supplying the information and making the affidavit, and indicate the source of information

(e) The pronoun “you” refers to the party to whom these Interrogatories are addressed, and the persons mentioned in clause (d) above.

(f) All answer are to be under oath and true, correct and complete

Please answer the following Interrogatories:

1. State you full legal name, any aliases used now or in the past, occupation, home and business addresses, and social security number.

2. Provide certified copy of the of the alleged debt and provide complete account from the beginning of alleged account

3. Provide a letter stating the whether or not plaintiff has purchased the alleged debt and for what amount.

4. Provide documentation of the alleged payments to the alleged and account and how they were made

5. Provide copy of the original credit application, any and all income verification that was provide to Alleged account name for the credit application.

6. Identify all person who have given written or recorded statements concerning the subject matter of this actions, including the date of each statement, the identity of the person taking the statement, and the identity of the present custodian thereof.

7. If you intent to call any expert witnesses to testify at the trial of this case, state the name, address and field of expertise of each such expert and, if any such expert has submitted a written report, attach a copy of same to our Answers to Interrogatories.

8. State the date, time, place and exact content of each an every conversation which you or your agents, representatives or employees had with the defendant, its agents, representatives, servants and/or employees, in any way pertaining to the occurrences complained of in this lawsuit, identifying the persons or representatives acting on their behalf which spoke during each such conversation and their relationship to the parties, as well as all witness to each such conversation and their relationship to you or the defendant, if any.

9. If you will rely on any documents or photographs at the trial of this case, identify each such documents, as well as the person with custody of each such documents or a true copy thereof. If you will do so without Motion to Produce, kindly attach a legible photocopy of each such document to your Answers to Interrogatories.

10. States all avers to the your claim, setting forth all facts and the basis for each such aver.

_______________________________________
Defendant name
street.
City, state, zip
Phone #
_________________
Shane Mac

Shane Mac

Joined: 23 Aug 2008
ShaneMac's page
Posts: 16
Location: In the South

649 Magic Points

Subject: Motion for discovery Attached.

Wed Oct 08, 2008 5:28 am

IN THE CIRCUIT COURT OF ___________ COUNTY
PEORIA, ILLINOIS

INSERT NAME OF PLAINTIFF )
Plaintiff, )
)
vs. ) Case No.
)
)
INSERT NAME OF DEFENDANT, )

Defendant. )

MOTION FOR DISCOVERY

NOW COMES the Defendant, ___________________ pro se, and for his/her Motion for Discovery, hereby states as follows:

1. That on _____________ Defendant was served with a complaint at law and summons.

2. That __________________ is the named defendant herein.

3. That in order to properly answer said allegations to the Complaint at Law, Defendant is in need of obtaining discovery in this matter, including, but not limited to; all police reports, memorandum, notes, flash messages, supplemental reports, incident reports, and all documents regarding __________________(name of the defendant or whoever is suing on behalf of the child).

3. That in addition to any and all police reports, the Defendant is in need of all of the medical records of the plaintiff regarding this incident.

4. That the discovery requested is crucial to the defendant's defense in this matter.

WHEREFORE, Defendant, __________________ respectfully requests this Honorable Court to grant Defendant's request for Discovery, including the reports from the __________ (name the police department), and medical records and hospital records relating to said injury, and for such other and further relief this Court deems fair and just.

Respectfully submitted,

By:___________________________
Your name on the line

Your name , pro se
address
telephone number
_________________
Shane Mac

Shane Mac

Joined: 23 Aug 2008
ShaneMac's page
Posts: 16
Location: In the South

649 Magic Points

Subject: Motion for discovery has dif. forms fo many dif. cases

Wed Oct 08, 2008 5:35 am

Motion for discovery has dif. forms for many dif. cases.

So you may have to take a automobile accident discovery motion and turn it into a credit or collection discovery motion.

Judge really homed in on this in my credit card collection case - and would not proceed until the discovery process was completed by plaintiff.

Validation of the discovery was expected in next phse of the case .

Which was Validation of debt. in this case.
_________________
Shane Mac


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