Legal Documents represent the Defendant City of Lyons in the Dorite case

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For this assignment assume that your firm, Stahl & Beetum, PC, 13 Legal Ave., Wigmore, IL 00001, has been retained to represent the Defendant City of Lyons in the Dorite case. You just finished reading the Complaint, and that is all you know about the case. Your supervising attorney, B. G. Brothers asks you to draft interrogatories, and a notice to produce to be served on the plaintiff as well as a notice of deposition for the Plaintiff. She tells you that she wants information about witnesses, the facts, the plaintiff's injuries, her past medical history and her medical bills, amongst other items.

She reminds you that the Plaintiff has to provide facts to establish each allegation of her Complaint. She further reminds you that the purpose of discovery is to find out as much information as possible about the plaintiff's case and her background. Remember, she says, that Ms. Dorite has a good friend who may have given a written statement. She then tells you that the format of both documents should follow the court rules and hands you a copy of the applicable Wigmore Court Rules. She states that she does not want a definition section in the Notice to Produce as she has a definition section that she will add to your Notice. She wants the three discovery documents by Sunday evening at 1159pm. She adds that since the firm is new it does not have forms so you have to find a form to use on the internet or lexisnexis.

  1. Find and cite Wisconsin rules on interrogatories, notice to produce documents, and depositions. Use these rules when drafting the discovery documents listed below.
  2. Draft Defendant's First Set of Interrogatories to Plaintiff that your firm as attorney's for the City will propound on the Plaintiff's attorney Rich N. Moore. The document should contain ten interrogatories seeking information from Ms. Dorite about her case.
  3. Draft Defendant's First Notice to Produce Documents to Plaintiff that your firm as attorney for the City will serve on the Plaintiff's attorney, Rich N. Moore. The Notice should contain five categories of documents for the Plaintiff to produce.
  4. Draft a Notice of Deposition for the Plaintiff's deposition selecting a date and time that suits your schedule.

Please sure to follow each step carefully in 1-4 and make sure to have all forms! The complaint below is from Dorite. The PDF will help you out with this assignment, so please use it.

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IN THE CIRCUIT COURT OF WIGMORE ANNE C. DORITE Plaintiff ) ) ) Vs No: 16 L 001 ) ) CITY OF LYONS Defendant ) ) COMPLAINT AT LAW NOW COMES the Plaintiff, Anne C. Dorite, by her attorneys, Moore Law Group, and complaining of the Defendant, The City of Lyons, (herein referred to as “Lyons”), states as follows: 1. On and prior to 17/8/2017, the Plaintiff, Anne C. Dorite , was a resident of City of VEECK County of LYONS, State of WIGMORE. 2. On or about 178/2017, The Defendant, Wigmore , had a duty to operate, manade and/or maintain, both individually and/or through its agents, servants and/or employees, all the roads in the city of Stonecity, the location where the accident occurred being 7686 Sox St., Lyons. 3. At the aforementioned place, the Plaintiff, Anne C. Dorite, was lawfully on the said premises 4. At the aforementioned place and date, the Defendant, Lyons, individually and/or by and through its agents, servants and/or employees maintained the aforementioned stretch of roads, including all such premises as sidewalks, parking lots, entrances and exits, road in such a manner where the area developed a large pothole that became and/or caused a slip hazard and was concealed by an accumulation of snow. 5. At the aforesaid time and place, as the Plaintiff, Anne C. Dorite, was going to retrieve her itinerary documents that the wind had blown from her front seat into the street. She lost them and began to walk back to her friend, Fran’s, house. Hole in the road caused her to slip and fall down, sustaining severe ankle injuries in the process. 6. At the aforesaid time and place, the Defendant, Lyons, individually and/or by and through its agents, servants and/or employees, had a duty to maintain the aforementioned premises. More specifically, the City had and continues to possess the duty to keep the walkways and transport infrastructure in a reasonably safe condition in the interests of the general public, of which Anne C. Dorite is a member. 7. The City of Lyons in the State of Wigmore , by and through its agents servants, assignees and/or employees, had disregarded maintaining the said defect on the road in a manner that significantly depreciated the value of the infrastructure by causing it to be a health hazard. 8. Due to prevalent weather conditions, there was an accumulation of ice and snow on the road and on the sidewalks to a level that rendered the usage of these facilities dangerous. It is a fact that is aggravated by dint of the delay of the Defendant to plow the snow on the facilities. That alludes to two factors that precipitated the injury suffered by the plaintiff. As a result of the failure of the City to plow the ice and snow on the aforementioned sidewalks, parking lots, entrance and exits and the further neglect of the duty to maintain in a safe and usable condition the aforementioned infrastructure, the Plaintiff slipped and fell. 9. The Defendant, The City of Lyons of the State of Wigmore, as the chief custodian and curator of the premises, individually or by assignment or designation acted in a manner that manifestly lacked the reasonable care. Then and there, it gained culpability for the ensuing negligent and careless acts and/or omission: a. Unduly managed, maintained and unprofessional possession of the premises in the failure to maintain the sanctity of the aforementioned sidewalks, parking lots, exits and entrances in the infrastructure on the premises b. Failure to create and provide slip guards in these areas, in effect rendering them unsafe for human use especially when the elements made safe usage difficult c. Failed to pay due heed to Frans, even after she had made a complaint to the City about the obvious health risk posed by the damaged infrastructure. d. Failure to regularly and reasonably inspect the road in full glare of the fact that an inspection was necessary to assess and remedy the damaged road, in so doing preventing or severely limiting any injuries that may accrue to individuals that are lawfully in use of the said premises e. Willfully allowed the premises to stay in a perilous state, resulting in a state where they were unfit for passage for the unreasonable length of time that snow occupies the safety hazard f. Failed to promptly remove snow/ice or any other foreign objects as a service with such regularity as to preempt the accumulation of ice and/or snow in the sidewalks, walkways, roads, parking lots, exits and entrances. g. Non-committal to the duty of removing snow and ice from public transport infrastructure as per the regulations of the City itself h. Neglect of the moral responsibility to conduct snow and/or ice removal in line with industry best practices; leading to un naturally heavy deposits of the said substances in and on the surface of the infrastructure. i. Over and above all else, the City was neglectful in the day-to-day operation of the premises in spite of an early warning of its unreliability as a conduit of transport. 10. As a consequent and undeniable result, of these negligent and generally careless action and/or omissions of the Defendant, City of Lyons in the State of Wigmore, the Plaintiff, Ann C. Dorite, was unfortunate to suffer extreme and permanent injury. These were both internal and external and continue to prevent her from enjoying the same quality of life; in addition to the emotional torment that came with the ghastly nature of injuries and long period of recuperation that followed her accident 11. As a direct consequence of the City’s carelessness, the Plaintiff, Ann C. Dorite, has gone through a great and unnecessary deal of anguish. The impact of the entre ordeal was as , if not more psychologically distressing as the real injuries that the Plaintiff suffered to her ankle, when the ankle bone popped right out of her skin. 12. The Plaintiff further had to undergo a rigorous treatment process. In the process the Complainant became liable to large amounts of money that were due for the medical care and services that are central to the healing process of a septuagenarian who experience first-hand injuries as grave as the ones that the Plaintiff suffered. THEREFORE, 13. The Plaintiff, Anne C. Dorite prays to the court for apt judgement against the Defendant, The City of Lyons in the State of Wigmore, in its requisite authority. The amount that is prayed for is in the full control and discretion of the Court’s determination as being justifiably and sufficiently compensatory of the specific costs that the Plaintiff had to bear because of the unwarranted injury from the aforementioned fact matrix. In addition to that, the Plaintiff also places her cause at the feet of the court for judgment that will determine the fair amount of damages to both deter the City and other jurisdictions from committing the same offence and/or allowing a state of mediocrity to put the lives and health of lawful residents and citizens using the transport infrastructure at risk. In the same breath, the Plaintiff prays that the court confers judgement on the merits of the factors that will deliver just desert to the City of Lyons by and through its agents servants, assignees and/or employees for ignoring the important duty of maintaining the said defect on the road in a manner that significantly depreciated the value of the infrastructure by causing it to be a health hazard. The crux of this prayer is to exhort the court to award damages that will adequately compensate the Plaintiff for both physical and psychological injuries suffered, in addition to the damages that were incurred during the self-restitutive process of medical treatment. All other damages as have been alleged in the document in the fact matrix, the costs of the suit to the Plaintiff and all other judicially relieving measures that this Honorable Constitutional and Equitable court may and will find to by just are earnestly prayed for in this deposition. AnneC. Dorite, Plaintiff Rich N. Moore Attorney for the Plaintiff After the pleadings have been filed, the next stage in the litigation process is discovery. Your textbook explains the different types of discovery documents that may be used in a lawsuit. The focus for this class is on writing the discovery documents. In most cases the written discovery such as interrogatories, a notice to produce etc. is form driven. Either the court rules set out a form that dictates the content of the discovery document or the firm has a form that it uses or has used in the past to draft the discovery document. Occasionally these documents are drafted without forms. When asked to draft discovery documents you should ask the attorney or other staff for the forms used to draft the requested document. Once you have the form you should read the form and note what needs to be changed. Remember you determine the content of the form, not the other way around. Do not be timid about changing or modifying the form. You have to tailor the form to the facts and circumstances of the client's case. It is best to first brainstorm, and then make an outline of what information you want to modify on the form and then what information you want to gather for the client's case. When drafting any discovery document remember to use the correct court, case caption and case number as the form you use may contain a different court, caption or case number. For example the form you are using may list the court as the Federal District Court when the client's case is in the Circuit Court of your state. Under the case caption, the name of the document needs to be correctly stated. You need to state whether the document is to be styled Interrogatories, Notice to Produce, Request for Admission etc. After the name then there is usually a statement or introduction stating who is to answer, how long the person has to answer the request and what court rule applies. After the caption, the name and the introduction, the body of the document is set forth. This varies depending on the nature of the discovery document. When drafting Interrogatories, each request should be numbered. An interrogatory, despite its name, is not usually written in question form such as "Did you miss work after the accident?" Rather the form or wording is "Please state whether you missed any work as a result of the accident. If the answer is in the affirmative, please state the following: (i) the name, address and telephone number of your employer; (ii) your rate of pay; (iii) the dates you were absent from work." You want to phrase the request for information broadly but use words that identify specifically the information you are seeking. For example when seeing information about the plaintiff's past medical history you would not state "Have you ever received medical treatment in the past?" Rather you might frame the interrogatory as follows: "Please state whether you have ever been treated by a doctor in the past 10 years. If yes then please state the (i) the name and address of the doctor; (ii) the dates of treatment; (iii) the reason for the treatment." etc. When drafting a Notice to Produce, you should focus on the type of documents you want the plaintiff to produce and a time element. When drafting a notice to produce you should number each request. Each request should be limited to one subject and one category of documents that you are seeking. For example, if you want the Plaintiff's income information you might use two requests, such as: a. "Any and all income tax returns filed by the Plaintiff from 2012 to the present." b. "Any and all pay stubs, W2s, or other documents that contain information about Plaintiff's income for the years 2012 to present." In a Notice of Deposition the notice needs to specifically state who the deponent is, the date time and place of the deposition and that the deposition will take place before notary/official court reporter. The above is not an exhaustive list on how to draft discovery documents, but a starting point. Drafting and formatting discovery documents is a skill that is learned through trial and error. The more you do the better you become. However to learn the art of drafting good discovery documents, you need to be attentive, thoughtful and willing to draft and edit a document until you have it honed and tailored to the client's case. In this way you will produce a clear, concise and understandable discovery document. INTERVIEW WITH ANN “BABE” DORITE Firm Case No. 15-0013 INTERVIEW conducted by the firm’s paralegal, Alicia “Al”. Lopez on April 1. This interview took place after Ann C. Dorite had retained the firm to represent her. What is your name? Ann C. Dorite Paralegal: Hello, welcome to Moore Law Group, Attorneys at Law. My name is Molly Moore but people call me Mol. I have been asked by Mr. Moore to discuss your case with your and get the facts on how your accident occurred and your injuries. At this point the main goal is to gather information about your case. Ann: Okay Paralegal: I want to emphasize that I am not an attorney. I can answer your general questions, but I will refer any legal questions to Mr. Hanson. Let's get started. (From her on in this interview transcript, Paralegal Mol is asking the questions and Ann is providing the answers). What does the “C” stand for? Clumsy! Just kidding. My father loved the Fox White Sox so he named me “Charley” after the founder of the White Sox, Charles Comiskey. Can you believe it? Do you have any other names or aliases? Yes I am known by my nickname “Babe” after the famous woman athlete Babe Didrikson. You know she was named Woman Athlete of the Half Century in 1950. I, like Babe, played basketball, softball, track and golf, but I did not play professionally, only in College. Where do you live? 9963 Veeck Dr., Stonecity, IL.62005 I have lived there for 10 years. What is your phone number and email? My telephone is 630.555.8888 and my email is How old are you? Really? Ask a woman her age!? Okay, I was born 4/1/1945 so I am 75 years young. What date did the incident occur? April Fool’s day and boy was I fooled as I thought I was going on vacation, but instead ended up in a hospital. Where were you going? I was going to my friend’s home.. He name is Fran Funster. We were then going to go to O’Hara airport to fly to the Mexican Riviera. How is it then that the accident happened at 7686 Sox St., Lyons, IL? My friend Fran Funster, whom I have known since grade school, lives there. Why were you going there that morning? My grade school friend and I were going together to the Mexican Riviera. We hadn’t taken a vacation for 5 years, and we were looking forward to sitting on the beach and sunning ourselves. What was the weather like that day? Typical Fox weather, spring like on March 30, but if you don’t like the weather, wait a minute, it will change. It did. It snowed the night before we were to leave. In the morning according to GMA, you know that show, Good Morning America, it had snowed 6 inches but it was still snowing when I got to Fran’s. Was it cold out? Yes but I can’t remember the temperature, but that morning Fox was living up to its name “windy city” as the winds were blow’n that morning. How long did it take you to go from your house to Fran’s home? I am from Peoria, but these Fox drivers, even in snow, drive like there is no tomorrow. With the typical Fox street mess it normally takes me little over an hour. With Sunday morning traffic being light it took me just under 45 minutes, but I drive slow. Did you take your normal route? Yes, I do not like to drive on expressways so I took side streets mostly Cicero Ave. and turned north onto Palehose Dr, took that to the alley right before Sox St., and turned east into the alley behind Fran’s home. Why the alley? I was looking for a parking spot because I hate to parallel park. I didn’t find a spot so I went thru the alley turned right on Ozz St., then right again on Appling Dr. back to Palehose Dr. I then turned right onto to Sox St. and to my surprise there was a spot right in front of her house. I did not have to parallel park and thought, “boy this is going to be a good vacation.” Fran lives on the (southeast) corner of Sox and Palehose. Sox St. is a one-way street going east. What happened then? I parked my brand, spanking new 2015 Prius in the first spot in front of Fran’s home. The sign right behind my car indicated no parking from the back of my car to the corner of Sox and Palehose so I made sure I was beyond the sign. What did you do then? I opened my door and as I stepped out into the street, a gust of that famous Fox wind swirled causing my loose papers on my front seat to blow into the street. Those papers were my itinerary for the trip. I rushed into the street to get my papers when I heard a horn. I jumped back against my car door as the car whizzed by. The papers were useless from the car and snow. I walked to the back of the car to Fran’s wondering if she had a copy of our itinerary. Did you walk in the street? Yes, what else was I going to do? How far from the driver’s side of the car were you as you walked? I don’t know but I guess about an arm’s length. How were you going to get to Fran’s house? I was going to walk to the back of my car, go to the parkway, and then walk up Fran’s driveway to the front door. I saw Fran in the front window looking out. She waved at me. I waved back pointing to the street and my papers. Was there snow on the ground? No so much on the street even though the City had not plowed, so there was some covering the street, but the snow was deeper in the parkway, as the you could not see the grass and Fran’s driveway was covered. What about the sidewalk between the parkway and the driveway? That was snow covered also. You said you were walking towards the back of your Prius so what did you do then? I turned, was walking along the back of my car toward the parkway and just before the curb I stepped into a hole in the street and fell. I tried to get up but was unable to move my right foot. I saw my anklebone sticking out of my leg. I was scared and screamed for help. Though it seemed like forever because of the horrible pain, Fran came running over to me. She later told me she came right out of her house when she saw me fall. She asked me if I was ok? I said, “My bone, my bone, I can’t move my right foot.” Why didn’t you see the hole in the street? I was thinking about my lost itinerary, looking at the curb, not down, and the ground was snow covered. Do you remember what happened next? I was in terrible pain. The next thing I remember both the police and ambulance were there helping me. I was put on a stretcher and rushed to the hospital. Which one? Getwell General Hospital. Were you experiencing pain? Yes in my right ankle. It was excruciating. My low back began to hurt and be painful to the point it was hard to turn. What did they do for you at the hospital? I was examined by Dr. Trapper John, x-rayed, and given pain meds thru an IV. He diagnosed a compound fracture of the right ankle and a sprain of law back pain. In the emergency room? Yes Were you admitted? Yes they admitted me to the hospital and then the next morning the doctor Iam A. Mender did surgery on my right ankle. He put it back together and put a metal piece rod in there to help keep the bone in place. How about your low back pain, how was that treated? Dr. Paul E. Konerko treated me with bed rest, pain meds, and physical therapy. I believe the meds were OxyContin, and Flexeril. I took both for 6 months. What follow up care was there for the right ankle? I went to Doctor’s visits; I used crutches to walk for 3 months; and I underwent 3 months of physical therapy. I had a second surgery to have the temporary rod removed from my ankle. The surgery by Dr. Mend was in late October and early November 2015. What losses did you have? $20,000 in hospital expenses, $5,000 in emergency room treatment; $2,500 in emergency room doctor bills; Dr. Mender’s bill was $10,000; and Dr. Konerko’s bill was $2,500. I did not lose any wages as I am retired. How long did you have pain and suffering? My ankle pain was intense at first but after the surgery it was painful for about a month. I now have occasional pain and weather related pain in my right ankle. My back pain continues to this day when I walk, stand or sit for over an hour at a time. Any other effects? I have a right leg limp that I did not have before. Have you had any prior medical treatment? I am clumsy. I tripped and fell 10 years ago and was treated for a simple, displaced fracture of my right ankle. I had no surgery, and recovered shortly thereafter, but have had weather related right ankle pain ever since. However the pain is now more intense and frequent since the recent accident. I also hurt my low back in November 2013 when I fell down stairs at my home. I recovered from that injury and have had no pain for the last 6 months, though I was scheduled to see my previous back doctor, Dr. Nellie Fox, on May 1, 2015 for a checkup. Because of this accident I did not see him. Do you know the dimensions of the street hole that you fell in and how long it was there? Yes, I and my girlfriend Fran measured it shortly after I fell. it was 12 inches wide by 12” deep. I also estimate that the hole I fell in was about six inches foot from the back of my car. About two months after I fell the city patched the hole. Do you know how long the hole had been there? It had been there for a couple of years. The City had listed it as a place to fix a year ago last spring. It never did fix it. Fran called last spring and reported the hole in the street in front of her house. The supervisor Mr. Crabby told her he knew about the hole and it was on the list to repair in the fall. I called Mr. Crabby at the City. He told me that he is the public works supervisor for the City. He said the City had established a program to annually fix potholes and depressions in the city streets and it usually fixed the streets in that area in the fall. He then stated that the City had not fixed the hole in front of Fran’s house last fall but was going to do so this spring. Anything else? I made a drawing of where I fell. Here it is. Initial Client Summary Following the initial interview that involved the client who in this case is Ann, this document is a representation of the summary of the interview conducted earlier on. Overview of the interview with Ann “Babe” Dorite. The interview with Ann “Babe” Dorite was carried out on the day of April 1st. The case number for the case is 15-0013. The interviewer in the case was Alicia Lopez and carried out after the client had retained that the firm to represent her. The interview kicked off with Lopez asking Dorite to state her names for the records. The paralegal asks for more details of the client and Dorite gives out her resident which is 9963 Veeck Dr., Stonecity IL 62005 where she claimed to have lived for ten years. Her contact number is 630-555-8888, and her email is, and she is 75 years of age. Dorite claims that the incident occurred on April 1st which was a fool`s day. The incident happened at 7686 Sox St Lyons IL because this was the place where Dorite was headed to meet her friend Funster with whom they were going to take a vacation after an extended period of five years without a vacation. According to Dorite, the weather that day was like it had snowed the previous night and that morning the snow was about six inches, and it was also windy. Dorite claims that she drove to her friend`s place where since she hated parallel parking, she proceeded looking for a favorable parking spot and she got a place just in front of her friend`s house where she parked. After parking, she opened her car door, and from the wind that was blowing, her papers had gotten blown to the streets. She decided to fetch them hen just before she could fetch them was stopped by a speeding vehicle on the road which destroyed her papers, therefore, forcing her to give up on them hoping that her friend had some. At this point is where the incident had happened. As she was going towards the back of her car to head to her friend`s house, lost in thought because of her lost papers and also she was looking at the back of her car not paying any attention to the ground below her. After all, she claims that the ground was covered in snow and this is the time when she stepped into a hole and fell. She sustained injuries to her ankle. After her friend took her to her house, all could Dorite remember was the police and the ambulance helping her, and she was taken to Getwell General Hospital. After an examination by Dr. Trapper John who performed an X-ray and the administration of pain medicine through the IV, she was diagnosed with a compound fracture of her right ankle and also a sprain law back pain while in the emergency room. After being admitted to be given the proper medication where she underwent the relevant surgery on the ankle to place some metal rods that were to assist the restructuring of the fractured ankle bone. She will have to be on the medication for six months. She used crutches to walk because of her ankle condition for the first three months and later on she underwent a second surgery to remove the metal rods. Her medical bills were as follows; $20,000 was for the hospital bill, $5000 for her emergency treatment, $2,500 for the emergency room doctor bills and the total bill for the two doctors was $22,500, and since she is already retired, she suffered no lost wages. The size of the hole was measured, and it was found to be 12 inches deep and 12 inches wide, and also, after the incident, the hole was patched up. However, the hole had been there for about two years where the relevant authorities had promised to patch up the hole only to fail. The witness for Dorite is Fran, her friend. Module 9 DRAFTING DISCOVERY DOCUMENTS To Do List      Reading - Legal Research, Analysis, and Writing Writing Discovery Documents (Online) Module 09 Written Assignment - Drafting Discovery Documents Module 09 Discussion - Forms: The Good, The Bad, and The Ugly Module 09 Live Classroom Reading  Chapter 19, Drafting Pleadings and Other Litigation Documents: Motions to end  Appendix I Ex. A6 through A11 (inclusive)  Chapter 9, Finding Aids, Drafting Tools and Miscellaneous Secondary Authorities 1 of 4 2 of 4 3 of 4 4 of 4 Writing Discovery Documents Purpose of discovery documents Discovery ◦ The stage of a lawsuit in which the parties obtain information and evidence. Purpose ◦ Allow each party to determine everything their opponent intends to present at trial, and eliminate the potential for surprise. ◦ Facilitates settlement by giving the parties the information they need to evaluate their client’s and their opponent’s case. To accomplish this, discovery attempts to ◦ Obtain facts for trial. ◦ Learn the opponent’s position. ◦ Narrow the issues. ◦ Identify witnesses. ◦ Determine damages. ◦ Locate and preserve evidence. ◦ Evaluate the credibility of witnesses. Writing style Each discovery document requires a different style of writing to fulfill the purpose of discovery Getting it right! Need to be specific to elicit specific information Appendix I Ex. A6 through A11 (inclusive) Exhibit A-6: Motion for summary judgment and memorandum in support of motion for summary judgment Exhibit A-7: Court order Exhibit A-8: Request for production of documents Exhibit A-9: Objections to request Exhibit A-10: Request for admissions Exhibit A-11: Respondent’s response to request for admissions See more later Different types of Discovery Documents  Interrogatories  Notice to Produce  Request to Admit  Notice of Deposition, Notice to Inspect etc. Interrogatories Request to Admit Notice to Produce Notice of Deposition What are Interrogatories? Written questions used in the discovery portion of a civil (that is, non-criminal) suit to get information from the other party. The party answering the interrogatories must answer them truthfully, and may be held responsible by the court if he does not. In most U.S. state and federal courts, interrogatory answers can be admitted at trial and they are often used as evidence to support motions for summary judgment (that is, motions to have the judge decide the case without a trial because the parties do not dispute any of the relevant facts and the determination is therefore purely a question of law appropriate for a judge). 1 of 2 Grounds for objecting to interrogatories  Argumentative  Already asked, repetitive discovery  Attorney-client privilege  Attorney work product protection:  Overly broad  Privileged  Premature disclosure of experts Read more page 630 2 of 2 What is Notice to produce? Notice to produce is a written notice by one party to a civil action requiring the other party to produce documents in his/her possession at the trial. When the party fails to produce the document after notice, secondary evidence of the documents can be given What is Request to admit? A request for admissions (sometimes also called a request to admit) are a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein. Requests for admissions are part of the discovery process in a civil case. Parties may request an unlimited number of admissions and a party must admit or deny the truth of the request. If a response cannot be made then the responding party must explain why. After other types of discovery ▪ Interrogatories ▪ Requests for production ▪ Depositions 1 of 3 Rule 36 of the Federal Rules of Civil Procedure governs the request for admission process 2 of 3 Let’s go to the movies! 3 of 3 What is Notice of Deposition? 1 of 4 What is Notice of Deposition? A document directing a witness to appear to answer questions under oath is called a notice of deposition. The notice includes a time and place where the examination is to occur. The notice is sent to all parties in a lawsuit so that everyone involved has been given notice of the event. 2 of 4 Notice of Deposition, Notice to Inspect etc.  Simple to the point is best  Give all required information such as name of deponent or place to inspect, date, time, place and how will the information be recorded 3 of 4 What Is a Deposition?  The Discovery Process  Deposition Basics  How Depositions Work  When Are Depositions Necessary? 4 of 4 Written Documents Interrogatories Paralegals are frequently called upon to prepare interrogatories by drafting a set of questions using clear, concise, and unambiguous language. 1 of 2  Ask for specific information  Do not use yes or no type question  Focus on one subject per interrogatory  Include a time element for the information requested such as "during the last 5 years, please state...." 2 of 2 Notice to Produce  Requests follow after interrogatories  Answers to interrogatories reveal material documents or other tangible objects that require inspection.  Rule 34 of the Federal Rules of Civil Procedure governs requests for production of documents 1 of 4  Need to think categories  Need to think time  Need to think form 2 of 4 3 of 4 4 of 4 Request to Admit  Request for admission may ask party to admit the truth  Admission sought from one of three categories: The application of law to facts The truth of statements or opinions The genuineness of documents  Make each request one fact  Be specific  Be simple and direct Uncover the truth 1 of 3 2 of 3 3 of 3 Patience  Be patient as you will learn  In real life you will use forms that you can modify on the computer  In this class you will use forms but you will have to create the document 1 of 4 1. Interrogatories - 10 2. Notice to produce documents - 5 categories 3. Notice of Deposition – select a date and time 2 of 4 Your document should contain ten interrogatories 3 of 4 4 of 4 Module 09 Discussion In today's world legal professionals regularly use forms to assist in the creation of documents. Legal forms can be found on most court's website, on the Internet, and on most legal database websites such as Lexisnexis. Forms are also available on commercial websites to help laymen create their own legal documents. Forms are very useful but do present the drafter with problems, especially with the advent of "cut and paste." In your initial discussion post this week list at least three benefits and three problems that you, as a paralegal, should be aware of when using a form. For each benefit or problem listed explain why you listed it. Finally give an example of a personal experience when you used a form and what you learned. In your Reply post explain how a paralegal might overcome each of the problems listed by the student. Module 09 Live Classroom Worth points One-minute Paper ❖ Write a one-minute paper about what you learned today.  State two things you have learned during this session.
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Wisconsin rules on interrogatories, notice to produce documents, and depositions.

804: 01 General Provisions Governing Discovery

a. Discovery methods: parties can acquire information via the following methods oral
examination, written questions and interrogatories, permission to enter property and
production of documents.
b. Scope of discovery: unless not permitted by the court the following are applicable

General- parties can obtain relevant information not privileged to the other party
in an effort to create their defense. This can be from books, previous verdicts, and
history of plaintiff and/or defendant.


Insurance agreements: A party may obtain discovery of the existence and
contents of any insurance agreement under which any person carrying on an
insurance business or health and may be liable to satisfy part of a judgment.


Persons before whom depositions may be taken.

Within the borders of United States or inside a territory within the country, depositions can be
taken before an officer authorized to administer oaths by the laws of the country or of the state.
Additionally it can be before a person appointed by the court in which the action is pending.

Interrogatories to parties.

(a) Except as provided in s. 804.015, any party is allowed to serve any of the other parties involved
written interrogatories to be answered. In the case where the party served is a public or private
institution or a limited liability company or a governmental agency who shall furnish such



information as is available to the party. Interrogatories may, without leave of court, be served
upon the plaintiff after commencement of the action and upon any other party with or after
service of the summons and complaint upon that party.
(b) Each interrogatory shall be answered separately and completed in writing while under oath,. The
answers are to be signed by the person making them, and the objections signed by the attorney
making them. The party submitting the interrogatories may move for an order under s. 804.12
(1) with respect to any objection to or other failure to answer an interrogatory.
804.09: Production of documents and things and entry upon land for inspection and other
(1) SCOPE.
A party may serve on any other party a request within ...

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