NOW COMES defendant, NISSAN MOTOR CORPORATION IN U.S.A., n/k/a NISSAN NORTH AMERICA, INC., by and through its attorneys, SWANSON, MARTIN & BELL, and in Answer to plaintiffs' Interrogatories pursuant to Illinois Supreme Court Rule 213 states as follows: 1. iii. Defendant's actions were authorized by the plain meaning of the contract. 2.Admit that you are unable to provide a complete accounting for the amount you are claiming. 1. Example Interrogatories for Uninsured Motorist Claim. Defendant Skyler Case ("Defendant") by and through his attorneys at Au, LLC and pursuant to . per se claims, Doc. ANSWERS TO INTERROGATORIES . Use this to your advantage. interrogatories and requests for admission of fact. As used in these Interrogatories: 1. 13: Identify each person who has had any contact or communication on your behalf with said persons or entities regarding Defendant or Defendant's purported debt (s), state when, how, where, and with whom said contact or communication occurred and in detail and with particularity the substance thereof. Be careful when choosing the queries applicable to the case. This Standard Clause contains integrated drafting notes with important explanations and drafting tips. 12. to the subject premises or claims that the defendant caused the damage complained of. DEFINITIONS . Harvesting Electronically Stored Information . Answer: INTERROGATORY NO. Instructions to the Answering Party 2. these interrogatories to the opposing party or their attorney by both ordinary mail and certified mail, return receipt requested. P. 26(g) and 33(b)(1)(B). First Set - Auto Tort First of 3 part set of interrogatories for a standard auto tort case. "Base materials" means acrylic or any similar substance used in connection with prefabricated artificial teeth to make dentures. "Agreement" means a contract, arrangement, or understanding, formal or informal, oral or written, between two or more persons. State the name, address, and business telephone number of each person with personal knowledge regarding the facts and circumstances surrounding the happenings of the occurrences referred to in the complaint. Instructions for the Party Receiving These Model Interrogatories 1. 379 at 7, and thus Defendants' proposed charge does not include instructions or interrogatories under the rule of reason.1 If Plaintiff's causes of action change in any way, Defendants reserve the right to request additional or revised instructions and interrogatories for the charge. "Identify" or "state the identity of": 2.1. 123 anystreet sacramento, ca, 95814 916-555-1234 superior court of california county of sacramento paul sample, plaintiff(s) acme, inc. defendant(s) ) ) ) ) ) ) ) ) case no. 9. Covers over 25 topics, including motor vehicle, premises liability, product liability, wrongful death, wrongful . perform; or the plaintiff was in breach. Posted on March 19, 2022 by. The parties will also have to determine what witnesses will be required and serve deposition notices (on parties) and subpoenas (on non . View Michigan Supplemental Objections to Defendants' Motion for Installment Payments; View Michigan Discovery And Case Evaluation Order; View Michigan Notice of Entry of Order Pursuant to MCR 2.602(B)(3) View Michigan Order Approving Final Stipulation; View Michigan Proof of . 3. Standard jury instructions applicable to breach its contract cases. 11. The interrogatories under 325.0, Defendant's Contentions, should not be used until the defendant/cross-defendant has had a reasonable opportunity to conduct an investigation or discovery of the other parties' damages. In any case involving a professional, quasi-professional, or specialized contractor, the "lay person" defendant can invoke the theme of the plaintiff's superior knowledge and bargaining power 6 ) Describe the frequency with which hackers breach Plaintiff's computer systems, the information . Now comes Defendant, pro se, and pursuant to Rules 33 and 34 of the Ohio Rules of Civil Procedure propounds the following Interrogatories, Request for Production of Documents, and Requests for Admissions to Plaintiff to be answered within twenty-eight (28) days after the date of service. Code § 1639, which requires an interpretation of the contract based upon the writing in the contract alone, if possible . These are court-approved non-standard interrogatories and requests for production. Answer. Plaintiff, by and through undersigned counsel and pursuant to Rule 33 & 33.1, Arizona Rules of Civil Procedure, requests that the Defendant answer, under oath and in writing within thirty (30) days after service, the following Interrogatories: State your name and address or principal place of business, date of birth and social . Defendant. Defense Based on Breach of the Implied Warranty of Habitability (1) [4.79] Nature of warranty (2) [4.80] Burden of proof (3) [4.81] Measure of damages (4) [4.82] Procedural and practice issues c. [4.83] Counterclaim Seeking Injunctive Relief d. [4.84] Defense Based on Breach of an Express Covenant To Repair e. Depositions §12.45 3. Any sample or standard form confidentiality agreements with, or policies provided to, Your employees and/or "independent" adjusters hired and/or otherwise retained by You. ii. . All documents identified in response to the above Interrogatories, and all documents referred to or . This Guide includes instructions and sample forms. 3. The defendant may recover punitive damages are interrogatories in many questions to judgment of sample of sovereign immunity to. DEFENDANT'S FIRST CONTINUING INTERROGATORIES TO PLAINTIFF COMES NOW Defendant Larry C. Oldham and serves his First Continuing Interrogatories upon High Gables Homeowners Association, Inc. ("you"). Pursuant to M.R. employee or agent of Defendant or any other person acting on behalf of Defendant. Defendants. ) ) FIRST SET OF INTERROGATORIES _____, ) TO DEFENDANT Defendant. ) 8. issues before production. Section 3. Form 5 - AUTOMOBILE NEGLIGENCE - INTERROGATORIES TO PLAINTIFF. state a brief description of the information you contend is known by such persons. Breach of Contract §12.23 3. Professional advantage. March 12, 2014 Respectfully submitted, Created Date: 6/20/2008 11:55:44 AM ADMIT OR DENY. _____ FIRST SET OF INTERROGATORIES The plaintiff requests defendant to respond to the following interrogatories under oath. Links to . When a question is directed to Defendants, the question is also directed to the aforementioned persons. Identify all persons answering or supplying information used in answering these Interrogatories. Nineteen interrogatories directed to plaintiffs in automobile negligence cases; FORM 2. The defendant must answer these questions in writing and under oath. Los Angeles, California 90049 . I. Definitions As used in these Interrogatories: 1. The PLAINTIFF requests that the DEFENDANT produce the following documents and things in your possession, custody or control in accordance with Rules 26 and 34 of the North Carolina Rules of Civil Procedure for inspection and copy at the offices of [action]Civil Action No. Examples of questioning include: Breach of contract interviews are questions that the plaintiff sends to the defendant for more information about the case. A. Breach of an Express Warranty §12.24 4. A defendant to a breach of contract case might also file affirmative defenses and/or counterclaims in response to the breach of contract complaint. For the purpose of these Interrogatories only, Plaintiff has used the definitions set forth below. Form 1 - GENERAL PERSONAL INJURY NEGLIGENCE - INTERROGATORIES TO PLAINTIFF. R. Evid. ANSWER: 3. 287555) dselarz@selarzlaw.com . . 4. State with particularity the date of, and the basis for, each rent increase related to defendant's apartment for the period beginning three years prior to the filing of plaintiff's complaint in the present action and running through the present time. 2. Ans. INTERROGATORIES 1. DEFENDANT SAIA MOTOR FREIGHT LINE, LLC. This instruction page must accompany the interrogatories. Defendant. 9. (g) Additional interrogatories may be attached, subject to the restrictions discussed above. COMPLAINANT'S INTERROGATORIES 1. The committee proposes to substitute the existing forms with the following: INTERROGARTORY NO. These sample special interrogatories for California is for a California civil case and is intended to be used by a defendant but can be modified for use by a plaintiff. All biographies, resumes, and/or curriculum vitae of any witness or witnesses offered as corporate representatives with respect to one or more of the Areas of . sample interrogatories to plaintiff breach of contract. A breach of contract occurs when there is a failure, with no legal excuse, to perform what is required by all or part of the contract. 1001. damages due to breach of contract, damages on a quantum meruit theory of liability, and damages for unjust enrichment. Attach any corresponding documents, contracts or agreements as part of your answer to this interrogatory. This Standard Clause contains integrated drafting notes with important explanations and drafting tips. The responses to these interrogatories are to be signed and certified by an officer or agent of the Defendant University, and any objections signed and certified by the attorney making them. defendant Material breach • One that "substantially defeat[s] the purpose of the contract or [can] be characterized as a substantial failure to perform." • Long v. Long, 160 NC App 664 (2003) • Breach must "go to the very heart of the agreement" • Fletcher v. Fletcher, 123 NC App 744 (1996) "Written Communication" means the conveyance of information by a writing, whether by letters, e-mails, memoranda, handwritten notes and/or faxes. INTERROGATORIES TO DEFENDANT 1. In response to interrogatories, .found no breach of contract and no conversion but determined that Icahn was liable for negligence and breach of fiduciary duty. (b)to the extent not contained in the documents identified above, set forth in detail all terms of the contract. If the complaint filed herein arose out of a motor vehicle incident (incident is defined as the accident or other event which is the subject of this claim) did you drink any alcoholic Civ. Please see Local Rule 26 for definitions. 9. This Standard Clause contains integrated drafting notes with important explanations and drafting tips. 20530, within 30 days of service of these Interrogatories. Model interrogatories that a plaintiff may use when obtaining evidence from a defendant in a common law breach of contract action. As to the contract which is the subject of this action: (a)identify all documents or things setting forth the terms of . of the Code of Civil Procedure, and that the response be signed by the person making them Model interrogatories that a plaintiff may use when obtaining evidence from a defendant in a common law breach of contract action. Please state the name and job title of the individual(s) providing the responses and signing There are two types of interrogatories: Form interrogatories Special interrogatories Form Interrogatories for Breach of Contract Form 4 - MEDICAL MALPRACTICE - INTERROGATORIES TO DEFENDANT. See Fed. Defendant, Paul Sample, requests that Plaintiff, Acme, Inc. respond to the following interrogatories separately and fully in writing and under oath, pursuant to Section 2030.010 et seq. Model Interrogatories is a comprehensive set of pre-drafted questions covering a variety of substantive areas that will help you quickly zero in on the most critical issues in every case.. Construct precise, probing, and winning questions with these 4,500 pattern interrogatories. Plaintiff sued the two cities and county for north of contract violation of he process rights and declaratory relief. : 34-2008-00009999 defendant paul sample's responses to plaintiff acme, inc's form interrogatories- general set one propounding party: acme, inc. responding . 11777 San Vicente Blvd., Suite 702 Los Angeles, California 90049 [DEFENDANT(S)] Tel: 310.651.8685 • Fax: 310.651.8681 SELARZ LAW CORP. DANIEL E. SELARZ (State Bar No. Form 3 - MEDICAL MALPRACTICE - INTERROGATORIES TO PLAINTIFF. Defendant requests that Plaintiff make a good faith effort to produce any and all requested documents that are readily ascertainable from Plaintiff RSI. Interrogatories are written questions posed to the opposing party, for which a response is required, under conditions specified by the jurisdiction 's rules of court procedure. Below are sample interrogatories that we served on GEICO in a uninsured motorist case. Have you ever been charged and/or convicted of a crime? Questions in sets 1 - 3 are designed like a funnel to narrow down responses from defendants. first set of interrogatories to granada towers, llc Pursuant to Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, Defendant Miami-Dade County (the "County"), by and through its undersigned counsel, propounds the attached First Set of Interrogatories to Granada Towers, LLC ("Granada") to be answered in writing and under oath . Title: US First Set of Interrogatories to Plaintiff. Usually asked by the defendant. Six interrogatories directed to parties in marriage dissolution cases. These interrogatories and requests shall be deemed continuing so as to require supplemental answers if the persons to who these interrogatories are 1 These interrogatories and document requests are adapted from a set prepared by T. Michael 9. In the practice of law, interrogatories are the most commonly method used in discovery, or in the effort to obtain information from an opposing party to a lawsuit. 3. INTERROGATORIES TO DEFENDANT, WERNER ENTERPRISES NOW COMES the Plaintiff, JOHN DOE, by his attorney, Timothy W. Kelly of Kelly Law Offices, P.C., and pursuant Federal Rule of Civil Procedure 34, propounds the following interrogatories to the Defendant, TRUCKING COMPANY, INC., to be answered under oath, and delivered to Kelly Law The interrogatory questions of sample breach describe any deposition will help. A material breach, also known as a total breach, is a failure of substantial performance on the contract. 1.Admit that you do not have a written agreement or contract, signed by Defendant, between the Defendant and the Original Creditor. 11777 San Vicente Blvd., Suite 702 . the chattels, breach of contract, and conspiracy to commit those alleged acts. Code § 1638, which requires that the language in the contract governs the interpretation if it is clear; c. Cal. Assault and Battery Sample Interrogatories Defendant To Plaintiff Breach Of Contract Complaint for Assault and Battery - Category: Civil Actions_Assault and Battery Notice of Hearing on No-Contact Order for Stalking or Nonconsensual Sexual Conduct - Temporary or Permanent Order - Category: Civil Actions_Assault and Battery . Follow. State whether any . When an individual interrogatory calls for an answer which involves more than one part, each part of the answer should clearly set out so that it is understandable. These interrogatories shall be . PLAINTIFF'S FIRST INTERROGATORIES TO. "The Claim" means the insurance claim made the basis of the breach of contract claim You have made against Defendant in this lawsuit. Defendant's First Set of Interrogatories. Sample Interrogatories To Defendant Breach Of Contract Related Forms. These interrogatories and requests shall be deemed continuing so as to require supplemental answers if the persons to who these interrogatories are 1 These interrogatories and document requests are adapted from a set prepared by T. Michael Punitive damages may penalty be allowed where you breach violates a. Questions in this set follow up on and narrow focus of . 2. "Documents" includes electronic transmission, and writings and recordings as defined in Fed. Without any thought whatsoever, there discovery responses will imply that your client is a malingering liar. Defendants. 11. R. Civ. Levine v. City Med Association, decided by the Appellate Division of the Supreme Court of New York, Second Department was an interesting case in how civil discovery provisions apply to an action for breach of contract. b. Defendant(s) For the purpose of these Interrogatories, the term "Defendant(s)" shall encompass all those Defendants listed in the case caption, even if the person answering is not answering for . counsel for the defendant(s), within sixty (60) days of service of these interrogatories and requests to produce. Prepare With Sample Deposition Questions for a Breach of Contract Case. COMES NOW, Plaintiff QUAZITIA MARSHALL, as Administrator of the Estate of Juan Antonio Yournet and as the Natural Mother and Legal Guardian of Teaonnie Jahnirah Quanae Yournet and Ty'Juan Antonio Yournet, minors, by and through her counsel of record, and submits . (a) (1) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. Requests for Admissions §12.46 C. Electronic Discovery Considerations 1. Sec. Produce any and all reports, publications, or other documents evidencing any standards, laws, regulations, or industry standards which you contend Defendant violated with respect to the subject matter of this lawsuit. "Defendant", or "you" or "your" or "yours" shall refer to and include Defendant, as well as agents, servants, employees, associates, investigators, attorneys, representatives, shareholders, directors, officers and all others who may have obtained information for or on behalf of those named above. 10. 3. Second Set - Auto Tort Second of 3 part set of interrogatories for a standard auto tort case. Instructions to the Answering Party paul sample . All objections have been ruled upon at a hearing conducted on January 31, 1997. Breach of contract interrogatories are questions that the plaintiff sends to the defendant to discover further information about the case. Please identify the person or persons responding to these Interrogatories and identify in your answer each person who has provided information in connection with these interrogatory answers. 20530, within 30 days of service of these Interrogatories. The case ultimately was submitted to the jury on four of the state law claims — breach of contract, conversion, negligence and breach of fiduciary duty. (b) Check the box next to each interrogatory that you want the answering party to answer. You are required to answer these Interrogatories in the fashion and within the time provided by O.C.G.A. 11. 107 7 Questions to obtain additional information about property damage . The time period covered by these interrogatories is January 2011 through the date of full and complete . The interrogatory as documents listed. whom these interrogatories apply in the definitions in sections 4(d) and (e) below. Civ. The jury assessed damages in the sum of $687,000 on Conway's neglige . Breach of Fiduciary Duty: Interrogatories to Plaintiff by Practical Law Commercial Litigation Sample interrogatories that a defendant may use to seek information from a plaintiff in a common law breach of fiduciary duty action. State your full name, your present address, and date of birth. P. S7(a) and this court's Order of May 13, 2014, Defendant State . To: Pursuant to the Rules of the Court, the undersigned propounds the following Interrogatories to be answered separately, under oath and in writing, in accordance with said Rules. You may also personally deliver them to the opposing party or their attorney. The sample document on which this preview is based is very detailed and is 33 pages long including the declaration for additional discovery and proof of service by mail. ANSWER: 11. "Agreement" means a contract, arrangement, or understanding, formal or informal, oral or written, between two or more persons. Step 2: Make Copies Make one photocopy of your form interrogatories for each party (other than . FORM 1. Form 2 - GENERAL PERSONAL INJURY NEGLIGENCE - INTERROGATORIES TO DEFENDANT. 2. "Any" means one or more. Breach of the Implied Warranty of Merchantability §12.25 . Identify each person who you expect to call as an expert witness at the hearing or trial of this matter and state the subject matter upon which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, a summary of the . Use care in choosing those interrogatories that are applicable to the case. Sample interrogatories to defendant debt collection. When a question is directed to Defendants, the question is also directed to the aforementioned persons. "Written Communication" means the conveyance of information by a writing, whether by letters, e-mails, memoranda, handwritten notes and/or faxes. " Agreement," " Agreement in dispute," and " contract " means the understanding between RSI and American, whether alleged or actual, oral or written, at the root . Sixteen interrogatories directed to defendants in automobile negligence cases; and FORM 3. Identify the owner of the bicycle you were riding on October 20, 2015. by Practical Law Commercial Litigation. Discovery in Breach of Contract Cases. Civ. 2. contract to give effect to the mutual intention of the parties at the time of the contract; b. Cal. (f) Additional non-form interrogatories may be attached. 10. 11777 San Vicente Blvd., Suite 702 Los Angeles, California 90049 Tel: 310.651.8685 . Unanswered questions related to change of contract appellants' complaint although predicated on a brick of insurance sounded primarily in tort The complaint. The defendant must respond to these questions in writing and under oath. "The Claim" means the insurance claim made the basis of the breach of contract claim You have made against Defendant in this lawsuit. (c) The interrogatories in section 211.0, Loss of Income Interrogatories to Employer, should not . by Practical Law Commercial Litigation. In discovery is appropriate only add the omission was willful or a violation of a. Discovery, generally, is the ability of either party to a lawsuit to compel the other . f. if the defendant no longer owns the property, state the date on which the defendant ceased to be the owner of the property and describe the circumstances under which each defendant ceased being the owner of the property (e.g., sale, foreclosure, etc.). Defendant * FIRST SET OF INTERROGATORIES. C. When the terms "you", "Plaintiff" or "Defendant" are used, they are meant to include every individual 10. a. the amount of defendant's rent for the month in question; b. the date the rent was paid; c. the amount of any payment made by defendant; d. whether defendant's payment was allocated to something other than rent and, if so, a breakdown of how the payment was allocated and how and when defendant was A breach of contract is separated into two different categories under contract law: material and immaterial. PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE S ELARZ L AW C ORP. From the date the defendant executed an agreement to purchase the property 9. §§ 9-11-26 and 9-11-33 and defendant is liable in this action" and an interrogatory which asks a plaintiff to "state all Used to obtain information about the events surrounding a breach of contract. Remember, insurance companies reflexively deny everything in discovery. 10. 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