[FED. R. CIV. P. Rule 34] [Title of Court and Cause] Plaintiff A B requests defendant C D to respond within days to the following

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1 EXHIBIT 9:1 Request for Production, Inspection, and Copying of Documents, and Inspection and Photographing of Things and Real Property General Form [FED. R. CIV. P. Rule 34] [Title of Court and Cause] Plaintiff A B requests defendant C D to respond within days to the following requests: (1) That defendant produce and permit plaintiff to inspect and to copy each of the following documents: [Here list the documents either individually or by category and describe each of them.] [Here state the time, place, and manner of making the inspection and performance of any related acts.] (2) That defendant produce and permit plaintiff to inspect and to copy, test, or sample each of the following objects: [Here list the objects either individually or by category and describe each of them.] [Here state the time, place, and manner of making the inspection and performance of any related acts.] (3) That defendant permit plaintiff to enter [here describe property to be entered] and to inspect and to photograph, test, or sample [here describe the portion of the real property and the objects to be inspected]. [Here state the time, place, and manner of making the inspection and performance of any related acts.] Source: Reprinted with permission of West Group. Attorney for Plaintiff Address: 2008 Thomson Delmar Learning

2 EXHIBIT 9:2 Example of a Production and Inspection Request Form UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF COLUMBIA ANN FORRESTER, Plaintiff v. Civil Case, File No. MERCURY PARCEL SERVICE, INC., Defendant PLAINTIFF S REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS, THINGS, AND REAL PROPERTY According to Rule 34 of the Federal Rules of Civil Procedure, Plaintiff requests Defendant Mercury Parcel Service to respond within thirty days to the following requests: 1. That Defendant produce and permit Plaintiff to inspect and to copy each of the following documents: a. The specific rules and regulations of the Interstate Commerce Commission requiring regular safety checks, maintenance, and repair of vehicles used in interstate commerce. b. Defendant s file copies of all Form 2010s submitted to the ICC between Feb. and Jan.. c. All Form ICC-2010As recording the regular maintenance and safety checks on van number 23 over the two-year period preceding the accident on February 26,. (continued) 2008 Thomson Delmar Learning

3 EXHIBIT 9:2 Example of a Production and Inspection Request Form (continued) d. All Form ICC-2010As for all other Defendant s delivery vehicles over the two years preceding the accident. e. All Form ICC-2015s recording complaints and needed repairs and subsequent repairs made to van number 23 for the two years preceding the accident. f. All Form ICC-2015s on all other vehicles for the two years preceding the accident. g. All photographs or negatives thereof that Defendant had taken of the accident scene and the damage to the van. Plaintiff will inspect and copy these items at the office of Plaintiff s attorney on November 1, at 9:00 A.M., or at any other reasonable time and place convenient to counsel in this action Thomson Delmar Learning Arthur White Attorney for Plaintiff (address) (phone number)

4 EXHIBIT 9:3 Document Production Original Source Log New File No. Description Source F-1 Maint. form 20 s Merc. Parcel Rm 108 drawer 31 Ralph Johnson F-2 Maint. form 20 s Merc. Parcel Rm 108 Dr. 31 R. Johnson F-3 Driver Hour Logs Merc. Parcel Rm 108 Dr. 81 Betty Robinson 2008 Thomson Delmar Learning

5 EXHIBIT 9:4 Place Documents in an Upright Position 2008 Thomson Delmar Learning

6 EXHIBIT 9:5 Response to Request for Production General Form [FED. R. CIV. P. Rule 34] [Title of Court and Cause] Attorney for Plaintiff Address: In response to plaintiff s request to produce and for inspection in the above-entitled action, served upon plaintiff [date],, the inspection and related activities requested will be permitted at [if a different place than requested] with respect to each item and category as requested [add with the exception of Items as follows,, to which inspection defendant objects, respectfully on the following grounds: list each request objected to, the objection and the reasons ][or, the inspection and related activities requested are objected to on the ground that ]. Yours, etc. Attorney for Defendant Address: Source: Reprinted with permission of West Group.

7 EXHIBIT 9:6 Motion for Compulsory Physical Examination [FED. R. CIV. P. Rule 35(a)] [Title of Court and Cause] Defendant,, moves the court for an order requiring the plaintiff,, to submit to a physical examination [to be made by describe examiner or examiners, or by a competent describe type of examiner or examiners designated by the court, at or as the court shall order,] for the purpose of determining the exact nature and extent of his [or, her] injuries, if any, and the disabilities, if any, resulting therefrom [or for an order requiring the plaintiff, the Guardian of to produce, for whose injuries the above entitled action is brought, to submit, etc, or include appropriate designations of the party and person under his legal custody and control]. The ground of this motion is that there is a controversy between the plaintiff and defendant as to the physical injuries, if any, sustained by the plaintiff [or ], and the disability, if any, resulting therefrom, and that the physical examination of the plaintiff [or ] is necessary in order that the defendant,, may be in a position to defend as to the claimed injuries of the plaintiff [or ], as is more fully shown in the affidavit of hereunto annexed as Exhibit A [designate record and any other supporting documents]. [Date] Attorney for Defendant Address: Source: Reprinted with permission of West Group.

8 EXHIBIT 9:7 Notice to Client of Physical Examination WHITE, WILSON & MCDUFF ATTORNEYS AT LAW FEDERAL PLAZA BUILDING, SUITE 700 THIRD AND MARKET STREETS LEGALVILLE, COLUMBIA (111) December 15, Ms. Ann Forrester 1533 Capitol Drive Legalville, Columbia Dear Ms. Forrester: You may recall I mentioned in our initial interview the possibility that the other side in this case may request an examination by a doctor of their choosing to confirm the existence and extent of your injuries. Lynn Ott has contacted me to request such an exam. The exam is scheduled for January 23,, at 1:30 in the afternoon. The examining physician is Dr. Melissa Ward, whose office is at 1644 Fountain Drive near exit 103 off I-275 in Legalville. Please make arrangements to be at Dr. Ward s office at the appointed time. The exam will consist of a routine examination of your injuries, brief strength and movement tests, and a discussion with the doctor about your injuries and disabilities. The exam should last about an hour. Before going to the examination, you may choose to make a list of your injuries, treatments, pain, disabilities, and current status. A review of your injury diary should help you. You should cooperate fully in the exam and be sure neither to overstate nor understate the progress of your condition. Mr. White believes the exam will be beneficial to your case. If you have any concerns, please let me know. Very truly yours, Terry Salyer Paralegal

9 EXHIBIT 9:8 Federal Form 25: Request for Admission Under Rule 36 [Caption] Plaintiff A.B. requests Defendant C.D. within days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this request, is genuine. (Here list and describe each document.) 2. That each of the following statements is true. (Here list the statements.) Signed: Attorney for Plaintiff Address:

10 EXHIBIT 9:9 Response to Defendant s Requests for Admissions (Caption omitted) The Plaintiff,, in answer to the Defendant s request for admissions served on the day of,, in the above stated matter, says: 1. Denied. However, Plaintiff admits that, apart from the fact that the premiums were waived by the terms of the policies on account of Plaintiff s then existing total and permanent disability, premiums would have become due as set out in that statement. 2. Admitted. 3. Admitted in part and denied in part. Plaintiff admits that the check referred to in Statement No. 2, when deposited by the Defendant, was not honored by the bank. Plaintiff denies that the check was not paid thereafter. 4. Plaintiff objects to Request No. 4, which request is as follows:. The objection is:. (State as ground for objection that the requested admission is privileged, irrelevant or otherwise improper.) 5. Plaintiff can neither admit nor deny Request No. 5, which request is as follows:. This is because Defendant refused to permit Plaintiff to review the document in question pursuant to a proper request for production, and without said production, Plaintiff does not have the knowledge to admit or deny the request. Attorney for (address) Source: Reprinted with permission of West Group.

11 EXHIBIT 9:10 Motion to Compel Production, Inspection, and Copying of Documents in Case of Objection or Failure to Respond Plus Rule 26(c) Certification General Form [FED. R. CIV. P. Rules 34(b), 37(a)] [Title of Court and Cause] Defendant,, moves the court for an order requiring plaintiff,, to produce and to permit defendant to inspect and to copy or photograph each of the following documents [here list the documents and describe each of them]. This motion is made on the ground that the defendant served a written request upon the plaintiff for production, inspection, and copying or photographing the above-mentioned documents, a copy of which is attached hereto as Exhibit A, and that the plaintiff objected to said production by a response, a copy of which is attached hereto as Exhibit B [or and that plaintiff has failed and refused to respond to defendant s request as required by Rule 34, Federal Rules of Civil Procedure]. The documents requested by defendant contain relevant and material evidence in the above-entitled action and their production is necessary for defendant to prepare for trial, as indicated in Exhibit C hereto attached. Attorney for Defendant Address: Certification of Attempt to Resolve [Rule 26(c)] I [attorney s name], attorney for [defendant, plaintiff], certify that prior to filing this motion to compel discovery I made a good faith attempt to resolve this discovery issue as follows: 1. [ Briefly state facts and dates of attempt and failure to resolve.] 2. Date Attorney for Address: Phone: Source: Reprinted with permission of West Group.

12 EXHIBIT 9:11 Affidavit in Support of Motion to Compel [FED. R. CIV. P. Rules 34, 37(a)] [Title of Court and Cause] [Venue], being first duly sworn, on his oath states: That he is one of the attorneys for the above named defendant and he makes this affidavit in support of the Motion for Production of Documents and Things for Inspection, Copying and Photographing which is attached hereto; that the production of the documents, papers, statements and things requested is made in good faith; that he has been informed and therefore believes that the matters and things so sought in said motion are competent as evidence in said cause and are especially competent by reason of the fact that, ; that the facts sought to be elicited are facts necessary to be shown and produced in said cause in the furtherance of justice and in securing all the facts competent upon the issues to be tried.

13 EXHIBIT 9:11 Affidavit in Support of Motion to Compel (continued) The motion herein made is made in good faith and the affiant as one of counsel for defendant desires to inspect said documents solely for the purpose of establishing facts to be used as evidence in the aboveentitled cause and affiant does not intend to use said information for any other purpose or to convey the same to any other party or persons. Dated this day of,. [Jurat] Source: Reprinted with permission of West Group.

14 EXHIBIT 9:12 Order That Interrogatories Concerning Personal Jurisdiction Are Answered and That Personal Jurisdiction is Established [FED. R. CIV. P. Rule 37(b)(2)] [Title of Court and Cause] Ready for decision is the plaintiff s motion to impose sanctions for failure to comply with order of the court, filing. On [date],, an order was entered, filing, requiring the defendants to file answers to designated written interrogatories on or before [date],. No such filing has been made to the present day, and no motion has been made for an enlargement of time in which to comply with the order. Sanctions under Rule 37(b) of the Federal Rules of Civil Procedure are therefore appropriate. It appears to the court that the unresolved issues to which the interrogatories went are those designated in Exhibit C of the order on pretrial conference, filing, as: 1. Personal jurisdiction on The Company, a corporation. (a) Was The Company, a corporation doing business in? (b) Was the involvement of The Company substantial enough to give this court jurisdiction over this defendant? Those questions will now stand as answered in the affirmative, and personal jurisdiction waived by that defendant. It may be that the interrogatories are relevant to other issues described in the order on pretrial conference. If so, the plaintiffs may make a showing brief or otherwise pointing out what other issues, and consideration will be given to imposition of further sanctions. IT IS SO ORDERED. 1. That the motion to impose sanctions for failure to comply with the order of the court, filing is granted to the extent that it hereby is determined: That the defendant The Company, a corporation, was doing business in and its involvement was substantial enough to give this court jurisdiction over that defendant; that personal jurisdiction over the defendant The company, a corporation, is deemed admitted and established and the issue of personal jurisdiction over the defendant is waived by that defendant; 2. That the defendant The Company shall pay within fifteen days of the date of this order to the plaintiffs counsel the amount of $ as the expense of obtaining this order; and 3. That because The Company, a corporation, is now known as Corp., wherever in this order there is reference to Company, a corporation, it is applicable to Corp. [Date] United States District Judge Source: Reprinted with permission of West Group.

15 EXHIBIT 9:13 Freedom of Information Act (FOIA) Sample Request Letter Agency Head [or Freedom of Information Act Officer] Name of Agency Address of Agency City, State, Zip Code Re: Freedom of Information Act Request Dear : This is a request under the Freedom of Information Act. I request that a copy of the following documents [or documents containing the following information] be provided to me: [identify the documents or information as specifically as possible]. In order to help to determine my status to assess fees, you should know that I am [insert a suitable description of the requester and the purpose of the request]. [Sample requester descriptions: a representative of the news media affiliated with the newspaper (magazine, television station, etc.), and this request is made as part of news gathering and not for a commercial use. affiliated with an educational or noncommercial scientific institution, and this request is made for a scholarly or scientific purpose and not for a commercial use. an individual seeking information for personal use and not for a commercial use. affiliated with a private corporation and am seeking information for use in the company s business.] [Optional] I am willing to pay fees for this request up to a maximum of $. If you estimate that the fees will exceed this limit, please inform me first. [Optional] I request a waiver of all fees for this request. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest. [Include a specific explanation.] Thank you for your consideration of this request. Sincerely, Name Address City, State, Zip Code Telephone number [Optional] Source: Reprinted with permission of West Group.

16 EXHIBIT 9:14 Small Case File Folder

17 EXHIBIT 9:15 Master File Index Sheet Case: Forrester v. Mercury Parcel Service Case File No. File No. Categories 0 99 Correspondence, bills, miscellaneous 10 Correspondence 20 Bills 30 Research Pleadings 110 Complaints, answers, motions, and other related pleadings 120 Discovery pleadings to plaintiff Transcripts 210 Depositions of plaintiff s witnesses 220 Depositions of defendant s witnesses 230 Trial transcripts Photographs

18 EXHIBIT 9:16 Subfile Index Sheet Case: Forrester v. Mercury Parcel Service Case File No. File No. Subtitled Components 10.1 Client (to or from) (a) 6/26/ letter from seeking our representation (b) 7/11/ letter to setting up interview (c) 7/13/ letter to describing items to bring (d) 7/20/ letter to accepting case 10.2 Insured (to or from) (a) 9/01/ letter to requesting payment of damages (b) 9/20/ letter from stating not responsible for damages