IN THE CIRCUIT COURT OF COUNTY, ARKANSAS DIVISION PLAINTIFF vs. CASE NO. CV DEFENDANT DEFENDANT S RESPONSES TO PLAINTIFF S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS COMES NOW, Defendant, by and through (his/her) attorney and serves these, {his/her} responses to Plaintiff {alleged assignee}, Assignee of {alleged assignor} s, Request for Production of Documents and Notice to Produce as follows: The filing of these responses to Plaintiff s discovery should not be construed in any manner to constitute a waiver of any of Defendant s earlier pled affirmative defenses. Defendant is merely complying with the discovery requirements of Arkansas Rules of Civil Procedure. Therefore, in complying with this rule, much of the material given in these responses are and would be inadmissible either in any hearing of the case or in the trial thereof. Accordingly, the party responding specifically reserves the right to contest the admissibility of any response or responses given hereunder, both at any hearing in this case and at the trial thereof, and nothing herein contained shall be deemed an admission that these responses or any part of these responses constitutes admissible evidence. GENERAL OBJECTIONS Defendant objects generally to all of Plaintiff s Requests for Production of Documents and Notice to Produce to Defendant on each of the following grounds: (a) Defendant objects to all Requests to the extent that they purport to impose upon Defendant an obligation to make a greater investigation and consult more documents than is required by the Arkansas Rules of Civil Procedure. Page 1 of 6
(b) (c) Defendant further objects to the Requests to the extent that they purport to impose upon Defendant an obligation to become aware of and to disclose the identity, location and conduct of persons for whom Defendant is not responsible and/or over whom Defendant has no control. Defendant reserves the right to supplement or amend these responses and objections as additional information becomes available to Defendant. RESPONSES TO REQUESTS FOR PRODUCTION 1. Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from, Plaintiff. Notwithstanding the foregoing, Defendant objects to this request because Plaintiff is in an equal or superior position to procure the requested documents than Defendant. 2. Produce copies of any and all documents signed by you and/or the Plaintiff pertaining to this action. 3. Produce copies of any and all documents deemed by you to constitute a contract or agreement between the parties. Page 2 of 6
4. Produce copies of any and all checks or other forms of payments used to make payments on the underlying contract either made by you, or made by any other party on your behalf. 5. Produce copies of any and all documents that would support that you disputed the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. 6. Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny. 7. Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer. 8. Produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect. Page 3 of 6
9. Produce copies of any and all documents that support your defense of failure to state a claim upon which relief can be granted. 10. Produce copies of any and all documents that support your defense of statute of limitations. 11. Produce copies of any and all documents that support your defense of lapse of statute of limitations. 12. Produce any documents that support your contention that the account was paid in full. 13. Identify, describe and produce each and every document that would support Defendant s defense that Plaintiff s claim is barred by the doctrine of accord and satisfaction. Page 4 of 6
14. Identify, describe and produce each and every document that would support Defendant s defense that Plaintiff s claim is barred by the doctrine of accord and satisfaction. 15. Produce copies of any and all documents that support your defense of payment. 16. Produce any documents that support your contention that the account was paid in full. 17. Produce copies of any and all documents that support your defense of release. 18. Produce copies of any and all documents that support your defense of waiver. 19. Produce copies of any and all documents that support your defense of waiver. Page 5 of 6
Respectfully submitted this day of, 20 By: ATTORNEY NAME LAW FIRM ABN 2000000 PHONE NUMBER ATTORNEY FOR DEFENDANT Page 6 of 6