Have you received a request for discovery?

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1 Have you received a request for discovery? *What is it? -Discovery simply is asking for more information from you. This type of request is a general document and its form is not tailored to individual clients. This is important to remember because the request may ask or deal with matters that do not apply to you. Also, discovery can come before or after a judgment. No matter when it comes, you need to respond in 30 calendar days. *What information is requested? -The request will ask for all relevant information, meaning any matter that relates to the case. You may feel that the question has nothing to do with your case, but you must still answer it the best you can. *What must I do to obtain the information requested? -You must do what is reasonable. If you can generally get the information without major inconvenience, you are required to do so. An example would be going to your bank for a copy of your last bank statement. However, if it is unreasonable, say getting your phone records for the past 20 years from every person in your household, you may answer with a statement saying the requested information is unreasonable and unavailable. *Some general advice when responding to the requested information -Remember, the form you have been sent is a general form sent to many people. Fill out and attach the requested information to the best of your ability. It is best to write shorter answers and only answer the question that is asked. -When responding, make sure to first change the title of the document and include the correct information at the end of the form. -Also, be advised to the difference between admit and deny. (You may be asked to write this depending on the form you have received.) When you admit to something this means that you accept it as truth or that the claim is valid. When you deny you say the claim is not true or did not occur as written. is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

2 -Finally, remember, this is only a request for information. However, it is very important that you respond, even if you say you cannot obtain the information or do not have the answer. And of course, answer truthfully. What are the three types of discovery I may have received? -Admissions: (Sample Attached) This form contains a series of numbered statements. You must admit or deny each statement. (See above for a description of the difference.) All you are required to do is fill out the form and turn it back in to the appropriate person or place, after making a copy for yourself. However, you will need to attach a Certificate of Service to your form. This just acknowledges you have received the form and are sending it back to the other side. *Important: If you do not respond within 30 days after receiving this form all the statements made by the other side will be considered true by the court. Therefore, it is very important that you respond to this request. If you do not reply, you can be bound to a statement you believe is false. -Interrogatories: (Sample Attached) This form generally contains a list of written questions where you must provide a written response. Try to fill out the questions to the best of your knowledge. However, try to keep your answers short and to the point. Once you are done filling out the form, you will now need to have it notarized, which means an authorized person must stamp and sign the form. You can do this at any bank or the courthouse. Finally, you must take the completed form to the courthouse. Here you will also need to file a Notice of Service of Response to an Interrogatory. You can find this form also at the courthouse. If the document is for the Duval County, you must take your information to room 103 of the Duval County Courthouse. *Advice: If you do not know the answer, just write, I do not know. -Requests for Production of Documents: (Sample Attached) This will ask you to provide listed materials, or documents that you may have. Please try to obtain the information or documents to the best of your ability or as mentioned before, whatever is reasonable for you. If you do not have the documents, do not panic. All you are required to do is simply write, unavailable. Also, if it is very difficult or impossible for you to obtain you are also allowed to write unavailable as well. However, like Admissions, you will need to attach a Certificate of Service to your form. This just acknowledges you have received the form and are sending it back to the other side. *Important: Only attach a copy of the document you are submitting. DO NOT give the original document. Also, make sure to keep a copy of the document for your records as well. is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

3 *What do I do once I have filled out my form? -Once you have filled out, answered, or attached all appropriate copies of requested documents, you will need to send back the form to the other side, unless it is an Interrogatory, which will need to be filed with the court. Before you do this make sure to make copies of everything you are sending for yourself. You will now send the original form with all requested information back to the attorney of the opposing party. is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

4 is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

5 (Admissions Sample) IN THE COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR COUNTY, Petitioner/Plaintiff CASE NO.: DIVISION: v., Defendant/Respondent / DEFENDANT S RESPONSE TO PLAINTIFF S REQUEST FOR ADMISSIONS 1. Admit that you opened a credit account with the Plaintiff. Deny. 2. Admit that you did not make timely payments on that credit account. Deny. 3. Admit that you have breached your agreement with the Plaintiff. Deny. 4. Admit that you now owe Plaintiff $3, Deny. 5. Admit that you are currently employed. Admit. is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

6 6. Admit that you make more than $500 a week. Admit. 7. Admit that you do not have any dependents. Deny. 8. Admit that you do not receive any money from Social Security. Admit. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was sent by (US Mail/Hand Delivery) to: Plaintiff s Attorney s Name Street Address City, State, Zip Code BY: Sign Your Name Print Your Name Street Address Phone Number is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

7 (Interrogatory Sample) IN THE COUNTY COURT IN THE 4TH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CASE NUMBER: KJ Plaintiff, vs. Defendant (s). / DEFENDANT S RESPONSES TO PLAINTIFF S INTERROGATORIES COMES NOW, the Defendant, in response to Plaintiff s Interrogatories. DEFINITIONS AND INSTRUCTIONS As used in these Interrogatories Pursuant to Rule of the Florida Rules of Procedure the following definitions and instructions shall apply where applicable. 1. "Document": "documents"; "documentation"; "reports"; "records"; "note"; "notes"; "memos"; and "memorandum" shall include, but are not limited to, all paper material of any kind, whether written, typed, printed, punched, filmed or marked in any way; recording tape or wires; film, photographs, movies or any graphic matter however produced or reproduced; is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

8 all mechanical or electronic sound recordings or transcripts thereof; in the actual or constructive possession, custody or control of the Defendant(s) or which (he) (his) (it) representatives have knowledge. 2. The terms "you" or "your" refers to you or your agents, your employees, your representatives, and your attorneys. Interrogatories Propounded to the Defendant and Defendant s Responses Thereto 1. You are to state for you and each person you are claiming as a dependent (you are to specify the same information for each dependent the information being sought from you individually herein) your (and each dependent), gross annual earned income, from all sources, and identify the source and the amount from each source. 1. Answer: Defendant,, has a gross annual earned income of approximately $ from her employer in Jacksonville, Florida., Ms. adopted daughter receives approximately $ a year from the government. 2. State when you and each person you are claiming as a dependent (you are to specify the same information for each dependent the information being sought from you individually herein) are paid your wages or salary and indicate for each pay period your gross salary and wages, and itemize all of the deductions (specify the exact nature of each deduction) from your salary or wages, and your net salary or wages. 2. Answer: : paid bi-weekly. is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

9 3. Set forth any additional compensation you and each person you are claiming as a dependent (you are to specify the same infom1ation for each dependent the information being sought from you individually herein) receive including but not limited to overtime, bonuses, profit sharing, insurance, expense accounts or reimbursement, automobile and automobile allowances, uniform allowances, job related reimbursements, or any other benefit you receive from your employer. 3. Answer: None. 4. Attach a current completed Financial Statement in accordance with Rule of the Florida Rules of Civil Procedure for you and each person you are claiming as a dependent (you are to specify the same information for each dependent the information being sought from you individually herein). 4. Answer: See attached Exhibit A. UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE. (Signature) STATE OF FLORIDA COUNTY OF Duval The foregoing instrument was acknowledged before me this day of, 20, by, who produced Florida Driver's License. WITNESS my hand and official seal this day of, 20. is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

10 (Notice of Service Sample) IN THE COUNTY COURT IN THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA Plaintiff, Case No: KJN Division: N vs. Defendant / NOTICE OF SERVING ANSWERS TO PLAINTIFF S FIRST SET OF INTERROGATORIES The Defendant,, hereby gives notice that she has served her original responses to the Plaintiff s First Set of Interrogatories number 1 though 21 upon Plaintiff, through its attorney of record,, Esquire, this 3 rd day of July, Signature CERTIFICATE OF SERVICE The undersigned certifies that a true copy of this document has been furnished to, Attorney for Plaintiff, at, by facsimile and U.S. Mail this 3 rd day of July, ATTORNEY is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.

11 vs. Plaintiff, (Request for Production of Documents Sample) IN THE COUNTY COURT IN THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA Case No: JJN Division: N Defendant / DEFENDANT S RESPONSES TO PLAINTIFF S REQUEST FOR THE PRODUCTION OF DOCUMENTS 1. See attached Exhibits 1A and 1B. 2. No paragraph #5 in Plaintiff s Request. 3. None. 4. Partly unavailable. 5. None. Signature CERTIFICATE OF SERVICE The undersigned certifies that a true copy of this document has been furnished to, Attorney for Plaintiff, at, by facsimile and U.S. Mail this 4 th day of July, Signature is sorry it can t be of more assistance at this time. Please feel free to come again should you have other legal problems. wishes you the best of luck in the future.