Sample. Index No: [Insert] RJI No: [Insert] PLAINTIFF S NOTICE TO PRODUCE

Transcription

1 STATE OF NEW YORK SUPREME COURT COUNTY OF [Insert County] [Insert Caption] vs. Plaintiff Defendant To: Defendant [Insert Name] Index No: [Insert] RJI No: [Insert] Hon. [Insert] PLAINTIFF S NOTICE TO PRODUCE PLEASE TAKE NOTICE, that the undersigned demands that you produce, at [Insert Time] on [Insert Date], at the offices of [Name of Law Firm], [Address of Law Firm], for copying, testing or photographing by the plaintiff, or someone acting on the plaintiff s behalf, the following original documents or items that are in the possession, custody or control of said defendant: INSTRUCTIONS 1. This Further Notice to Produce is intended to be continuing in nature. The answering party shall promptly file supplemental responses if it obtains additional responsive documents or information, or discovers that information produced is incomplete or incorrect. 2. This Further Notice to Produce extends to all information and documents in the possession, custody or control of the answering party, including any parent company, each division and subsidiary thereof, as well as any predecessors or successors, and any of its officers, employees, agents, servants, representatives, attorneys, or other persons directly or indirectly employed or retained by it, or anyone else acting on its behalf or otherwise subject to its control. 3. If any document requested in the Further Notice to Produce was, but no longer is, in the possession, custody, or control of the answering party, state: (a) (b) the substance of the document; the identity and address of the current custodian of the document; (c) the person who made the decision to transfer or dispose of the document; and

2 (d) the reasons for the transfer or disposition. 4. If any material has been deleted from a document produced in response to the Further Notice to Produce: (a) (b) (c) specify the substance of the material deleted; specify the reason for the deletion; and identify the person responsible for deciding to make the deletion. 5. If you object to producing a document, or any portion thereof, on the basis of a claim of privilege, identify for each document or portion thereof: (a) (b) (c) (d) (e) (f) the title of the document; the nature of the document (e.g., interoffice memorandum, correspondence, report); the author, addressee, and date; the name of each person to whom the original or a copy was provided; the legal justification for the claim of privilege; and a summary statement of the subject matter of the document in sufficient detail to permit the court to rule on the propriety of the claim of privilege. 6. If a part of the Further Notice to Produce can not be answered fully, provide as full an answer as possible. State the reason for the inability to answer fully, and give any information, knowledge, or belief that the defendant has regarding the unanswered portion. 7. Words used in this Further Notice to Produce in the plural shall be construed to include the singular, and vice versa. 8. The words and and or shall be construed conjunctively or disjunctively as necessary to make the Further Notice to Produce inclusive rather than exclusive. DEFINITIONS Unless otherwise indicated, the following definitions shall apply to this Further Notice to Produce: A. The Product means the [insert description of product]. B. Document means all writings of any kind, including, without limitation, the originals and all non-identical copies, (whether different from the originals by reason of any notation made on such copies or otherwise) including, without limitation, correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks,

3 statements, receipts, returns, summaries, pamphlets, books, interoffice and intra-office communications, notations of any conversations (including, without limitation, telephone calls, meetings, and other communications), bulletins, printed matter, computer printouts, teletypes, telefax, invoices, worksheets, graphic or oral records or representations of any kind (including, without limitation, photographs, charts, graphs, microfiche, microfilm, videotapes, recordings and motion pictures), electronic, mechanical or electric records or representations of any kind (including, without limitation, tapes, cassettes, discs, recordings and computer memories), and all drafts, alterations, modifications, changes and amendments of any of the foregoing. C. Referenced means mentioning, discussing, making reference to or relating to in any way. D. Relate to or relates to means constituting, defining, concerning, embodying, reflecting, identifying, stating, referring to, dealing with or in any way pertaining to. E. Co-Defendants means Defendants [Insert Name]. REQUESTS 1. All documents sent with and accompanying the product, including but not limited to packing slips, bill of lading, warranties, operating manual, safety instructions, warnings, safety stickers, warranty card, invoice, schematics, product vendor contact information, instructions for product repair. 2. All records of payment for the product, including cancelled checks, bills, invoices, proposals, contracts, bills of lading, shipping tags, and proposals. 3. All written records, including phone notes, and s of contact with co-defendants concerning the product. 4. All written documents received from co-defendants and/or Defendant [Insert Name], after the product was purchased by Defendant [Insert Name]. 5. Advertisements, catalogs, product information booklets, magazines, brochures, marketing documents, or other written documents of and concerning the product, and the business and history of the answering defendant and/or co-defendants, and any of the products that they sold with chains operating without a guard with a sprocket and nip point. 6. The articles of incorporation and any other documents evidencing the creation of any of the business entities listed in the caption; 7. All corporate books and records maintained by the answering defendant; 8. All agreements, memorandums of understanding, contracts, written assumptions of liabilities and/or assets between the answering defendant and any co-defendant in the case. 9. All merger, acquisition, succession, assumption and other documents within the scope of 8 above between the answering defendant and/or any of the co-defendants.

4 10. The design documents for the product; 11. The as built documents for the product; 12. Engineering specifications and shop drawings for the product; 13. The instruction manual for the product; 14. Assembly instructions for the product; 15. Written warranties for the product; 16. Patent applications and patents for the product; 17. Correspondence and documents exchanged by and between the answering defendant and any co-defendant concerning the product; 18. Documents of and concerning all safety testing of the product or the product line at any time; 19. Documents of and concerning post sale modifications to the product; 20. Post sale warnings issued concerning the product; 21. Post sale design, warning and modification documents for the product; 22. Documents showing the names, and addresses, of all customers who purchased the product, and all entities and persons that were involved with the marketing, advertising, and selling of the product and that particular product line. 23. Parts listing and manifest for the product; 24. Documents identifying all entities involved in the design, creation, manufacture, fabrication, assembly, sale, marketing, shipping, and maintenance of the product; 25. All operating agreements between the answering defendant and the co-defendants; 26. All advertising and product information and catalogs and videos and sales information regarding the products sold by the answering defendant from [Insert Applicable Time Frame] to the present; 27. Records of the date and place of manufacture of each product identical (i.e., the same product line) to the product, and a listing of inventory and assets from the answering defendant from [Insert Date] to the present. 28. Annual reports created by the answering defendant from [Insert Date] to the present. 29. All documents, things, products, and intellectual property rights received from [Insert Defendant Name] since [Insert Date] to the present.

5 30. Defendant [Insert Name] s inventory and product lists. 31. Defendant [Insert Name] s balance sheets showing assets and liabilities. 32. A complete and total list and all associated records of all products sold, supplied, assembled, designed, manufactured, and marketed by [Insert Name of Defendant]. 33. A complete and total list of all associated records of all products sold, supplied, assembled, designed, manufactured, and marketed by [Insert Name of Defendant]. 34. A complete and total listing of all liability policies which are or may cover a judgment or liability in this case naming [Insert Name of Defendant] and any of its officers, representatives, employees, and/or associated or related companies, and a listing and all records of all assets available to pay or satisfy any judgment of liability in this case against the answering Defendant and any of its officers, representatives, employees, and/or associated or related companies. 35. A complete and total listing of all liability policies which are or may cover a judgment or liability in this case naming [Insert Name of Defendant] and any of its officers, representatives, employees and/or associated or related companies, and a listing and all records of all assets available to pay or satisfy any judgment of liability in this case against the answering Defendant and any of its officers, representatives, employees, and/or associated or related companies. 36. The complete and total closing documents from the sale alleged to have taken place between [Insert Name of Defendant 1] and [Insert Name of Defendant 2]. 37. All documents executed in connection with the sale alleged to have taken place between [Insert Name of Defendant 1] and [Insert Name of Defendant 2]. 38. All documents exchanged in connection with the sale alleged to have taken place between [Insert Name of Defendant 1] and [Insert Name of Defendant 2]. 39. All consulting agreements, assignment agreements, rental agreements, sale and lease backs, loan agreements, purchase of inventory, indemnities, hold harmless, asset sharing, space sharing, joint venture agreements and any other agreements of any kind between [Insert Name of Defendant 1] and [Insert Name of Defendant 2]. 40. All marketing, sales, promotional, informational, educational, mail order, , internet, advertising, and any other thing in whatever format promoting, selling, advertising, marketing, distributing, and/or advancing each and every product sold by [Insert Name of Defendant]. 41. All marketing, sales, promotional, informational, educational, mail order, , internet, advertising, and any other thing in whatever format promoting, selling, advertising, marketing, distributing, and/or advancing each and every product sold by [Insert Name of Defendant]. 42. The customer list for [Insert Name of Defendant].

6 43. The trademark and patent list for [Insert Name of Defendant]. 44. All announcements, publications and notifications of any sort in any form informing anyone that [Insert Name of Defendant] has stopped doing business, and/or had otherwise altered its status. 45. A complete and total listing of all employees, officers, directors, representatives, consultants, sales representatives, manufacturer s representatives, associated independent contractors, vendors, suppliers, and distributors of [Insert Name of Defendant]. 46. A complete and total listing of all employees, officers, directors, representatives, consultants, sales representatives, manufacturer s representatives, associated independent contractors, vendors, suppliers, and distributors of [Insert Name of Defendant]. 47. The operational manual, equipment training, mechanical warranty, and the inventory list and/or record, and the parts list for the Model [Insert Product Name] when sold by [Insert Name of Defendant]. 48. The operational manual, equipment training, mechanical warranty, and the inventory list and/or record, and the parts list for the [Insert Product Name]. Dated: [Insert Date] [Name of Attorney] [Name of Law Firm] Attorneys for Plaintiff [Address] [Telephone Number]