Request for Production of Documents

1. Under the Rules of Civil Procedure, you are required to produce the documents as they are kept in the usual course of business or to organize and label them to correspond with the categories of this request. Accordingly, whenever a document or a group of documents is taken out of a file folder, file drawer, file box or notebook, before the same is produced, you are requested to attach thereto a copy of the label and the file folder, file drawer, file box or notebook from which a document or group of documents was removed.

Instructions

2. For each document responsive to this request that is withheld under a claim of privilege or work-product immunity, provide a statement under oath by a person having knowledge setting forth as to each document:

a. The name and title of the author;
b. The name and title of each person to whom the document was addressed;
c. The name and title of each person to whom a copy of the document was sent;
d. The date of the document;
e. The number of pages in the document;
f. A brief description of the nature and subject matter of the document;
g. The nature of the claimed privilege of immunity;
h. The category or categories of this request to which the document is responsive; and
i. The exact location of the original and each copy as of the date of receipt of this request, along with the name and address of the custodian of said originals and copies.

3. If you are aware of any document otherwise responsive to this request, which document is no longer in your custody or control, identify the name and title of the author, the name and title of the addressee, the date of the document, the subject matter of the document or documents, the last date on which the document was in your control, the persons or entity, if any, now in control of the document, the reasons for your disposition or release of the document, all persons who have knowledge of the circumstances surrounding its disposition, and state what knowledge each person has.

4. This production request shall be deemed to be continuing under the provisions of the Rules of Civil Procedure.

Definitions

For purposes of responding to these interrogatories, the common usage of a word or term should apply unless the word or term is otherwise defined. The following definitions are operative unless the text of a specific interrogatory clearly indicates that a different meaning is intended:

1. The word "document" means any written, printed, typed, computerized, programmed or graphic matter of any kind or nature, however produced or reproduced, and all mechanical and electronic sound recordings or transcripts thereof, however produced or reproduced, including, but not limited to memoranda, correspondence, reports, notes of telephone conversations and conferences, studies, analyses, bulletins, instructions, inter- and intra-office communications, charts, graphs, photographs, and all forms and means of data compilations and recordings.

2. If any document is no longer in your possession or control or is no longer in existence, state whether it is:

a. missing or lost;
b. destroyed;
c. transferred voluntarily to others and if so, to whom; or
d. otherwise disposed of.

In each instance in which the document is no longer in existence, explain the circumstances surrounding any authorization for such disposition thereof, persons who participated in and destroyed the document, and state the approximate date thereof.

3. The words "identify," "identification" or "specify," or any variance thereof shall have the following meaning:

a. When used in reference to a natural person, it shall mean to state the person's full name, home and business telephone number, title, employer (if applicable), and the residence address and business address or, if the present addresses are unknown, the last known residence and business address;
b. When used in reference to a partnership, it shall mean to state the full partnership's name and the address of the partnership's principal office;
c. When used in reference to a corporation, it shall mean to state the full name, the state of incorporation, and the address of its principal office;
d. When used in reference to an unincorporated association or any other business entity, it shall mean to state the full name of the entity and the address of its principal office;
e. When used in reference to a tangible thing, it shall mean to state the name or the individuating mark or symbol of such things, its present or last known location, and a brief description of it; and
f. When used in reference to a document, it shall mean to state the type of document (e.g., letter, memorandum, telegram, chart, photograph, etc.) or some other means of identifying the document, its author and originator, its date or dates, its present location and custodian, and a summary of its contents. If such document was, but presently is no longer, in your possession or subject to your control, state what disposition was made of such document.


4. The words "date of separation" refer to ___________.

Documents

Provide the following:

1. Any and all printouts, documentation, or computer files evidencing electronic mails (e-mails) between Defendant and any third party, whether sent or received, from _________ to the present.

2. Any and all documentation from ___________ to the present with regard to any cell phone, Blackberry, or other mobile communication device, including an itemization of any incoming and outgoing calls, text messages, e-mails, or picture files, as well as an indication of the sender and/or recipient.

3. Any and all printouts, documentation, archives, or computer files evidencing the use of any "instant messenger service" between Defendant and any third party, whether sent or received, from ________ to the present. An "instant messenger service" is defined as an online provider permitting parties to communicate by sending messages through the provider. Examples include, but are not limited to, Yahoo™ Instant Messenger, MSN™Messenger, AOL™ Instant Messenger, or Windows Messenger Service.

4. Produce any and all electronic recording devices and all tapes or digital storage associated with such device that Defendant has used or authorized the use of from ________ to the present.

5. Produce any and all computer files from any business or personal financial management computer program that Defendant used, such as Quicken, Microsoft Money, or TurboTax, from ________ to the present.

6. Produce any and all computer files that contain electronic copies of monthly statements and canceled checks for all checking accounts, savings accounts, or money market accounts from any such account you may have with any bank or other financial institution or for any accounts in which Defendant may have had an interest, or signature authority, whether personal, corporate, business or trust account from ________ to the present.

7. Produce any and all computer files that contain electronic copies of monthly statements for any credit cards or installment accounts in Defendant's name from ________ to the present.

8. Produce any and all computer files that contain electronic copies of monthly statements for any brokerage accounts in Defendant's name or in which Defendant has an interest from _________ to the present.

9. Produce any and all computer files that contain electronic copies of any annual financial and/or profit-and-loss statements prepared by you or someone on your behalf, whether audited or unaudited for yourself personally, and for any corporation or partnership in which you have an interest in excess of five percent (5%) for the past five calendar years.

Interrogatories

1. State with particularity any and all electronic mail addresses through which you have sent or received e-mail from ________ to the present. For each account, additionally state the following:

a. The length of time during which you used such account;
b. All other persons you authorized to access such account;
c. Whether you have deleted e-mails to/from third parties since the institution of this action;
d. Which files, images, or attachments you have deleted since institution of this action;


2. State with particularity any and all Instant Messenger Services to which you have subscribed since __________. For each such service, additionally state the following:

a. Any and all usernames used by you;
b. Whether you retained a log of all messages sent and received;
c. When, if at any time, you deleted such log;
d. All other persons with access to your username and password for such service.


3. State whether you have formatted or destroyed any "physical media storage device" on any computer or device you have used from ________ to the present. "Physical media storage device" is defined as any device capable of storing electronic computer files or media, including, but not limited to, computer hard drives, flash drives, removable hard drives, compact discs, DVDs, floppy disks, USB drives, or digital camera drives. For any such device, state with particularity the following:

a. The date and time when such device was formatted or deleted;
b. The content of the files contained on such device;
c. Whether backup copies exist of such files;
d. The location of any such backup copies;


4. State with particularity whether you have subscribed to any online dating or matchmaking services since __________. Examples of such services include, but are not limited to, match.com, eharmony.com, adultfriendfinder.com, or itsjustlunch.com. For any such service to which you have subscribed, additionally state the following:

a. Your login or username;
b. The date at which you first subscribed to such service;
c. The total fees paid by you or on your behalf for subscribing to such service;
d. The username(s) of the persons who sent correspondence to you through such service;
e. The username(s) of the persons to whom you sent correspondence through such service.


5. State with particularity any and all computer software installed by you or on your behalf, which monitors activity or keystrokes on any computer utilized by Plaintiff. For any such software, state the following:

a. When such computer software was installed;
b. On which particular computers such software was installed;
c. Who, if anyone, aided you in the installation of such software;
d. The location of any and all logs associated or generated by such software. FA


Requests for Admissions to Opposing Party

Submitted to you with these Requests for Admissions are ____ electronic files on _____ CD-ROMs, taken from the imaged copies of storage media that were produced by you in the course of discovery in this case. [ Optional: Accompanying these files is a {database in Microsoft Access/spreadsheet in Microsoft Excel} with fields for file name, path ( i.e., the source of the electronic file), computer source, date created, date last modified, and size in bytes].

As required by [Fed. R. Civ. P. 36/{State equivalent}], your answers to the following Requests for Admissions shall specifically admit or deny any matter or set forth in detail the reasons you cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admissions, and when good faith requires that you qualify an answer or deny only a part of the matter of which an admission is requested, you shall specify so much of it as is true and qualify or deny the remainder.

Please respond on separate sheets of paper if space provided is insufficient.

Request No. 1: That the electronic files on the CD-ROMs submitted with these Requests for Admissions are true, complete and, for evidentiary purposes, authentic copies of the original electronic files you produced in the course of discovery in this case. If you deny this request as to one or more electronic files, please identify along with your specific reasons for denial the FENS Number (Fios Electronic Number System) associated with each such file.

Request No. 2: That the electronic files on the CD-ROMs submitted with these Requests for Admissions are relevant to the issues in this case. If you deny this request as to one or more electronic files, please identify along with your specific reasons for denial the FENS Number (Fios Electronic Number System) associated with each such file.

Source: FIOS Inc. Electronic Discovery Simplified. Find this and other resources at www.fiosinc.com. FA

Source: Ketan P. Soni, an associate of The Rosen Law Firm in Raleigh, North Carolina.

Published in Family Advocate, Volume 29, No. 3, Winter 2007. © 2007 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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