The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA

The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA

Appendix B

NATIONAL FEDERATION OF PARALEGAL ASSOCIATIONS, INC.

MODEL CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND GUIDELINES FOR ENFORCEMENT

PREAMBLE

The National Federation of Paralegal Associations, Inc. (“NFPA”) is a professional organization comprised of paralegal associations and individual paralegals throughout the United States and Canada. Members of NFPA have varying backgrounds, experiences, education and job responsibilities that reflect the diversity of the paralegal profession. NFPA promotes the growth, development and recognition of the paralegal profession as an integral partner in the delivery of legal services.

In May 1993 NFPA adopted its Model Code of Ethics and Professional Responsibility (“Model Code”) to delineate the principles for ethics and conduct to which every paralegal should aspire.

Many paralegal associations throughout the United States have endorsed the concept and content of NFPA’s Model Code through the adoption of their own ethical codes. In doing so, paralegals have confirmed the profession’s commitment to increase the quality and efficiency of legal services, as well as recognized its responsibilities to the public, the legal community, and colleagues.

Paralegals have recognized, and will continue to recognize, that the profession must continue to evolve to enhance their roles in the delivery of legal services. With increased levels of responsibility comes the need to define and enforce mandatory rules of professional conduct. Enforcement of codes of paralegal conduct is a logical and necessary step to enhance and ensure the confidence of the legal community and the public in the integrity and professional responsibility of paralegals.

In April 1997, NFPA adopted the Model Disciplinary Rules (“Model Rules”) to make possible the enforcement of the Canons and Ethical Considerations contained in the NFPA Model Code. A concurrent determination was made that the Model Code of Ethics and Professional Responsibility, formerly aspirational in nature, should be recognized as setting forth the enforceable obligations of all paralegals.

The Model Code and Model Rules offer a framework for professional discipline, either voluntarily or through formal regulatory programs.

DEFINITIONS – The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA

“Appellate Body” means a body established to adjudicate an appeal to any decision made by a Tribunal or other decision-making body with respect to formally heard Charges of Misconduct.

“Charge of Misconduct” means a written submission by any individual or entity to an ethics committee, paralegal association, bar association, law enforcement agency, judicial body, government agency, or other appropriate body or entity, that sets forth non-confidential information regarding any instance of alleged misconduct by an individual paralegal or paralegal entity.

“Charging Party” means any individual or entity who submits a Charge of Misconduct against an individual paralegal or paralegal entity.

“Competency” means the demonstration of: diligence, education, skill, and mental, emotional, and physical fitness reasonably necessary for the performance of paralegal services.

“Confidential Information” means information relating to a client, whatever its source, that is not public knowledge nor available to the public. (“Non-Confidential Information” would generally include the name of the client and the identity of the matter for which the paralegal provided services.)

“Disciplinary Hearing” means the confidential proceeding conducted by a committee or other designated body or entity concerning any instance of alleged misconduct by an individual paralegal or paralegal entity.

“Disciplinary Committee” means any committee that has been established by an entity such as a paralegal association, bar association, judicial body, or government agency to: (a) identify, define and investigate general ethical considerations and concerns with respect to paralegal practice; (b) administer and enforce the Model Code and Model Rules and; (c) discipline any individual paralegal or paralegal entity found to be in violation of same.

“Disclose” means communication of information reasonably sufficient to permit identification of the significance of the matter in question.

“Ethical Wall” means the screening method implemented in order to protect a client from a conflict of interest. An Ethical Wall generally includes, but is not limited to, the following elements: (1) prohibit the paralegal from having any connection with the matter; (2) ban discussions with or the transfer of documents to or from the paralegal; (3) restrict access to files; and (4) educate all members of the firm, corporation, or entity as to the separation of the paralegal (both organizationally and physically) from the pending matter. For more information regarding the Ethical Wall, see the NFPA publication entitled “The Ethical Wall—Its Application to Paralegals.”

“Ex parte” means actions or communications conducted at the instance and for the benefit of one party only, and without notice to, or contestation by, any person adversely interested.

“Investigation” means the investigation of any charge(s) of misconduct filed against an individual paralegal or paralegal entity by a Committee.

“Letter of Reprimand” means a written notice of formal censure or severe reproof administered to an individual paralegal or paralegal entity for unethical or improper conduct.

“Misconduct” means the knowing or unknowing commission of an act that is in direct violation of those Canons and Ethical Considerations of any and all applicable codes and/or rules of conduct.

“Paralegal” is synonymous with “Legal Assistant” and is defined as a person qualified through education, training, or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency, or other entity or may be authorized by administrative, statutory, or court authority to perform this work.

“Pro Bono Publico” means providing or assisting to provide quality legal services in order to enhance access to justice for persons of limited means; charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the legal needs of persons with limited means; or individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights.

“Proper Authority” means the local paralegal association, the local or state bar association, Committee(s) of the local paralegal or bar association(s), local prosecutor, administrative agency, or other tribunal empowered to investigate or act upon an instance of alleged misconduct.

“Responding Party” means an individual paralegal or paralegal entity against whom a Charge of Misconduct has been submitted.

“Revocation” means the recision of the license, certificate or other authority to practice of an individual paralegal or paralegal entity found in violation of those Canons and Ethical Considerations of any and all applicable codes and/or rules of conduct.

“Suspension” means the suspension of the license, certificate or other authority to practice of an individual paralegal or paralegal entity found in violation of those Canons and Ethical Considerations of any and all applicable codes and/or rules of conduct.

“Tribunal” means the body designated to adjudicate allegations of misconduct.

Appendix C

SAMPLES AND FORMS

DOMESTIC RELATIONS/FAMILY LAW FORMS

(caption)

(Sample)

PETITION FOR DISSOLUTION OF MARRIAGE

1. He/She is the Husband/Wife of _____
2. He/She resides at _____ and has been a resident of _____ County for more than _______ (____) months last past and a resident of the State of _____ for more than _____ (____) months last past and [Husband/Wife/Petitioner/Respondent] resides at _____.
3. The parties were married on the _____ day of _____, _____, and separated on or about the _____ day of _____, _____.
4. The parties acquired certain property and incurred certain obligations during the course of their marriage and a reasonable division thereof should be made.
5. The marriage of the parties is irretrievably broken.
6. There were no children born of this marriage and Wife is not now pregnant.

WHEREFORE, [Husband/Wife/Petitioner/Respondent] prays that his/her marriage to [Husband/Wife/Petitioner/Respondent] be dissolved; and that

1. The Court make an equitable division of the property of the parties.
2. An order be entered restoring Wife’s former name of _____;
3. [Husband/Wife/Petitioner/Respondent] be order to pay the cost of this action;
4. For all other just and proper relief.

I affirm under the penalties for perjury that the above representations are true to the best of my knowledge, information and belief.

_______________________________

SUBSCRIBED AND SWORN to before me, a Notary Public, in and for said County and State, this _____ day of__________, _____. My Commission Expires: ____________________

Notary Public, _________________

_________ Resident of ______________ County

DOE LAW FIRM
By _____________________
State Bar No.
Attorneys for

(caption)

(Sample)

PETITION FOR DISSOLUTION OF MARRIAGE, FOR
PROVISIONAL ORDERS AND AFFIDAVIT IN SUPPORT THEREOF

• He/She is the Husband/Wife of _____.
• He/She resides at _____ and has been a resident of ______ County for more than ______ (____) months last past and a resident of the State of ______ for more than _____ (____) months last past and Husband/Wife resides at _____.
• The parties were married on the _____ day of ______, ______, and separated on or about the ___ day of _____, _____.
• The parties acquired certain property and incurred certain obligations during the course of their marriage and a reasonable division thereof should be made.
• The marriage of the parties is irretrievably broken.
• There were no children born of this marriage and Wife is not now pregnant.

OR

• The children born of this marriage are emancipated and Wife is not now pregnant.

OR

• The parties are the parents of _____ () minor children whose names and birth dates are _____, born _____; and _____, born _____.
• The present address of the minor children of the parties is _____, and that said children reside with [Husband/Wife/Petitioner/Respondent].
• [Husband/Wife/Petitioner/Respondent] has not participated in any other litigation concerning the custody of said children in this or any other state.
• [Husband/Wife/Petitioner/Respondent] has no information of any custody proceeding concerning the children in a court in Indiana or in any other state.
• No person not a party to this proceeding has physical custody of the children or claims to have custody or visitation rights with respect to said children.
• [Husband/Wife/Petitioner/Respondent] is a fit and proper person to be awarded the custody of the children of the parties.

OR

• [Husband and Wife/Petitioner and Respondent] are fit and proper persons to be awarded the joint custody of the children of the parties.
• [Husband/Wife/Petitioner/Respondent] has in the past _____ and [Husband/Wife/Petitioner/Respondent] requests that a Protective Order be entered, after hearing, restraining both parties from molesting, harassing, disturbing the peace of or committing an assault or battery upon the other party.
• There is a danger that [Husband/Wife/Petitioner/Respondent] will conceal, transfer, destroy, encumber, or dispose of the property or incur debts in the joint names of the parties. Therefore, [Husband/Wife/Petitioner/Respondent] requests that a Joint [Preliminary Injunction/Restraining Order] be entered, after hearing, restraining both parties from transferring, encumbering, concealing, selling or otherwise disposing of any joint property of the parties or asset of the marriage except in the normal course of business or for the necessities of life, without the written consent of the parties or the permission of the Court.

OR

• In order to preserve the marital estate, [Husband/Wife/Petitioner/Respondent] requests that a [Joint Preliminary Injunction/Restraining Order] be entered, after hearing, restraining both parties from transferring, encumbering, concealing, selling or otherwise disposing of any joint property of the parties or asset of the marriage except in the normal course of business or for the necessities of life, without the written consent of the parties or the permission of the Court.
• In order to preserve the Court’s jurisdiction over the minor children of the parties, the [Husband/Wife/Petitioner/Respondent] requests that a [Joint Preliminary Injunction/Restraining Order] be entered, after hearing, restraining both parties from removing the minor children of the parties then residing in the State of Indiana from the State with the intent to deprive this Court of jurisdiction over such children without the prior written consent of all parties or the permission of the Court.
• [Husband/Wife/Petitioner/Respondent] is without sufficient money, means or property by which to pay her/his attorney fees.
• [Husband/Wife/Petitioner/Respondent] is incapacitated to the extent that his/her ability to support herself/himself is materially affected and he/she requires maintenance from [Husband/Wife/Petitioner/Respondent].
• _____ interrupted or postponed education, training, or employment during the marriage as a result of homemaking or child care responsibilities or both and _____ therefore requires rehabilitative maintenance from _____.
• [Husband/Wife/Petitioner/Respondent] is without sufficient means to support herself/himself and the children of the parties during the pendency of this action.
• [Husband/Wife/Petitioner/Respondent] moves the Court for an order scheduling this matter for preliminary hearing and believes that it will require approximately ______ hours/minutes of the Court’s time.
• [Husband/Wife/Petitioner/Respondent] moves the Court for the entry of a [Joint Preliminary Injunction/Restraining Order], after hearing, restraining the parties from:

1. Concealing, transferring, destroying, encumbering, selling or otherwise disposing of any joint property of the parties or assets of the marriage except in the normal course of business or for the necessities of life, without the written consent of the parties or the permission of the Court.
2. Incurring debts in the joint names of the parties.
3. Removing the minor children of the parties then residing in the State of Indiana from the State with the intent to deprive this Court of jurisdiction over such children without the prior written consent of all parties or the permission of the Court.
4. Interfering with each party’s temporary possession of their respective personal property and effects.
5. Interfering with use of the automobile presently in each party’s possession.
6. Changing the insured parties or beneficiaries on any life, health, casualty, liability, or annuity policies.

• [Husband/Wife/Petitioner/Respondent] moves the Court for the entry of a Protective Order, after hearing, restraining the _____ from:

1. Molesting, harassing, disturbing the peace of or committing or threatening to commit an assault or battery upon the _____.
2. Residing at, approaching, entering or coming about the residence of the___.
3. Bothering or molesting the _____ at any time or place.
4. Bothering or harassing the _____ at his/her place of business and from approaching, entering or coming about the place of business of _____.
5. Approaching, entering or coming about the premises occupied by _____.

• [Husband/Wife/Petitioner/Respondent] moves the Court for a provisional order, after hearing, as follows:

1. [Husband/Wife/Petitioner/Respondent] shall have temporary custody of the minor children of the parties.
2. [Husband/Wife/Petitioner/Respondent] shall have temporary possession of certain property, namely, _____.
3. [Husband/Wife/Petitioner/Respondent] shall support [Husband/Wife/Petitioner/Respondent] and the minor children pending final hearing.
4. [Husband/Wife/Petitioner/Respondent] shall pay preliminary fees for the services of [Husband/Wife/Petitioner/Respondent]’s attorneys.
5. [Husband/Wife/Petitioner/Respondent] be restrained from interfering with [Husband/Wife/Petitioner/Respondent]’s temporary possession of___.
6. [Husband/Wife/Petitioner/Respondent] be restrained from residing at, approaching, entering, or coming about the residence of the parties located at _____ (add any other provisions).
7. That the [Joint Preliminary Injunction/Restraining Order] be made permanent.

WHEREFORE, [Husband/Wife/Petitioner/Respondent] prays that his/her marriage to _____ be dissolved; and that

1. [Husband/Wife/Petitioner/Respondent] be granted the care and custody of the minor children of the parties;
2. A reasonable sum be ordered from [Husband/Wife/Petitioner/Respondent] for the support of said minor children.
3. The Court make an equitable division of the property of the parties.
4. [Husband/Wife/Petitioner/Respondent] be ordered to make maintenance payments to [Husband/Wife/Petitioner/Respondent];
5. [Husband/Wife/Petitioner/Respondent] be ordered to pay rehabilitative maintenance to [Husband/Wife/Petitioner/Respondent];
6. An order for preliminary and final fees for the services of [Husband/Wife/Petitioner/Respondent]’s attorney be entered;
7. An order be entered restoring Wife’s former name of___;
8. [Husband/Wife/Petitioner/Respondent] be order to pay the cost of this action;
9. For all other just and proper relief.

I affirm under the penalties for perjury that the above representations are true to the best of my knowledge.

____________________

SUBSCRIBED AND SWORN to before me, a Notary Public, in and for said County and State, this _____day of _____, 2000.

____________________

DOE LAW FIRM

By____________________

State Bar No.
Attorneys for

Financial Declaration

List names, ages, and relationships of persons living in your household:

________________________________________

________________________________________

Are other persons in your household working?_____

If so, who?________________________________

Occupation:______________ Employer:____________

I declare under penalties for perjury that the foregoing, including any attachment(s), is true and correct to the best of my knowledge and belief.

Signature:______________

Printed Name:______________

Dated:______________

You are under a duty to supplement or amend this Financial Declaration prior to hearing if you learn the information provided is incorrect or the information provided is no longer true.

Prepared by:

______________

Firm Name

Firm Address

______________

Phone

X v. Y
CAUSE NO.
Date of Marriage:
Date of Filing:
Valuation Date: ________________
Last revised: ___________________

Summary of Marital Estate and Proposed Distribution

(caption)

(Sample Dissolution of Marriage)

INTERROGATORIES TO RESPONDENT/PETITIONER

Comes now the Respondent/Petitioner, by counsel, and propounds the following Interrogatories to the Respondent/Petitioner to be answered hereinbelow by said Respondent/Petitioner, under oath, in writing, and within thirty (30) days hereof.

Interrogatories

1. State your full name, current address, date of birth, and social security number.

ANSWER:

2. State your occupation and place of employment or whether you are self-employed and the name of your business or businesses, including the address for each such place of employment or business.

ANSWER:

3. For each employer, business, or businesses referred to in interrogatory number 2, state the following information:

1. Your present position;
2. Your average number of hours per week worked in the last year; and,
3. How often you are paid.

ANSWER:

4. For each pay period, state:

1. Gross Pay;
2. Average bonus, commission, overtime, and other pay in addition to base pay;
3. Net Pay;
4. Specify each deduction by name and amount withheld;
5. The number of deductions you claim on your W-4 form; and
6. Identify all benefits which you receive as a result of your employment, including but not limited to health insurance, life insurance, thrift and savings plan, profit sharing, savings or pension plan, bonds of any kind.

ANSWER:

5. Please identify by name of fund and identification number every pension fund, Keogh plan, retirement fund, individual retirement account, annuity fund, or any other similar benefit plans or funds, including military benefits, or any program entitling you to deferred compensation, in which you have any interest.

ANSWER:

6. For each of said funds identified in the preceding interrogatory, please state:

1. Whether said fund is contributory or non-contributory;
2. The amount you may receive from said fund upon demand;
3. The amount you may receive from said fund upon termination of your employment;
4. The retirement ages contemplated by said plans;
5. The benefits available at retirement both in monthly installments and/or lump sum payment;
6. The present value of said fund and the method used to calculate same;

ANSWER:

7. For each of the funds referred to in the preceding interrogatories, please state whether each is vested at the present time and give all factors supporting your conclusion.

ANSWER:

8. For any fund referred to in the preceding interrogatories which is not vested, please state when such fund will become vested and all factors supporting your conclusion that the fund is not vested.

ANSWER:

9. Please state all contributions since _____, to each of the funds referred to in the preceding interrogatories indicating the dates, amounts, and contributions of each.

ANSWER:

10. Do you receive any other monies, income, wages, commissions or profits, including, but not limited to rents, dividends and contract rights?

ANSWER:

11. If the answer to the foregoing question is “Yes”, state separately for each source of monies, income, wages, commissions, or profits:

1. The amount received;
2. The nature of such payments;
3. The source; and
4. The total amount received by you since _____.

ANSWER:

12. Describe fully all bank accounts, certificates of savings, certificates of deposit, Christmas club accounts, savings accounts, savings bonds, corporate or municipal bonds, notes receivable, flexible stockbroker accounts, accounts receivable, checking accounts and trust funds which you owned (or own) alone or with other persons, or in the name of your children, since the date of your marriage to Petitioner/Respondent, including but not limited to the following details:
13. The amount of each at the time of filing this action;
14. The present balance;
15. The bank or other institution where such item is located or the person, firm or corporation who is obligated thereby to pay you, and the address;
16. The rate of interest applicable to such item;
17. The exact name which appears on the account, certificate, trust, or note as the owner, beneficiary or payee, as the case may be;
18. The date such account or trust was created or the date the note was acquired;
19. The account number; and
20. The persons having custody of the records concerning the account.

ANSWER:

13. State the name of any financial institutions to whom you have furnished a credit application or a financial statement since _____.

ANSWER:

14. Describe fully all life insurance policies or annuity contracts which you own alone or with any other person, including, but not limited to the following details:
15. Face value;
16. Present cash surrender value;
17. The cash surrender value on the date of filing this action;
18. The policy or contract number;
19. The name and address of the company which issued such policy or contract;
20. The amount and frequency of payments to be received by you under such policy or contract;
21. The name and address of the designated beneficiary or person entitled to the proceeds thereof;
22. Whether any loans have been made against said policy or contract; and if so, for each loan, state: the original amount; the date taken out; the purpose, the name of the person making each payment, the balance owed on the date of filing and the balance owed as of the present date.

ANSWER:

15. With respect to all real estate owned by you alone or with any other person or in which you have any legal or equitable interest, state the following details:
16. The address or legal description of the property;
17. The exact names and addresses of the legal owners;
18. The date acquired;
19. The purchase price;
20. The sale price, if sold;
21. Whether or not the same is subject to a contract for sale and if so, the terms of each contract;
22. The unpaid principal balance of any mortgage, and the name and address of the mortgagee, on the date of filing; and,
23. The unpaid principal balance of any mortgage, and the name and address of the mortgagee, as of the present date;
24. The name and address of the person, firm or corporation in possession thereof;
25. The amount of rent received;
26. Whether or not the same is subject to a written lease and, if so, the terms of each lease;
27. Your opinion as to the current fair market value, if you have such an opinion;
28. Your opinion as to the fair market value as of the date of filing; and,
29. The nature of any interest therein formerly held by the Petitioner and now extinguished, together with an explanation of how such interest ceased to be.

ANSWER:

16. State the amount of cash in your possession or subject to your control and the location thereof.

ANSWER:

17. Describe by model, make and year each vehicle of transportation, including but not limited to automobiles, trucks, boats, airplanes and motorcycles, owned by you alone or jointly with any other person and, with respect to each vehicle of transportation, the following details:
18. The name or names appearing on any certificate of title to the vehicle;
19. The date acquired;
20. The purchase price;
21. The name and address of any lienholder;
22. The unpaid principal balance of any indebtedness thereon on the date of filing;
23. The unpaid principal balance of any indebtedness thereon as of the present date; and,
24. Your opinion as to the current fair market value, if you have such an opinion.

ANSWER:

18. Describe fully all other personal property owned by you alone or jointly with other persons, having a value of $1,000 or more, including but not limited to the following details:

1. Date acquired;
2. Purchase price;
3. The name and address of co-owner, if any; and
4. Present location of the item.

ANSWER:

19. Identify each stock, stock option, bond or other security of any foreign or domestic corporation, company, or firm in which you maintain any ownership interest. Also state:
20. The name of each security;
21. The date purchased;
22. The purchase price;
23. The present physical location of such security;
24. The name and address of any joint or co-owner; and
25. The fair market value of each on the date of fling this action; and,
26. The present value and how you arrived at that value.

ANSWER:

20. For each transfer or sale of securities during the last two (2) years, state:
21. The name and number of securities transferred;
22. The date of each sale or transfer;
23. The sale of transfer price of each security;
24. The name and address of each broker through whom such transfer was effected;
25. The cost basis for each security transferred; and
26. The net gain or loss resulting from each such transfer.

ANSWER:

21. Are there any safe deposit boxes, vaults, safes, or other places of deposit and safekeeping in which you deposited and money, documents or other items of personal property from the date of your marriage to the Respondent to the present date? If so, for each place of deposit, state:
22. The name and address of depository institution or other place of deposit;
23. The number or other means of identification of deposits;
24. The name and address of each person authorized to enter the deposit;
25. The date the deposit was commenced;
26. The date the deposit was terminated; and
27. State the contents of said box on the date of fling this action; and,
28. State the contents of said box at the present time.

ANSWER:

22. Does any person, firm or business hold any funds or property for your benefit in a trust or otherwise? If so, identify with specificity the property, its value, the date and amount of each distribution of income or corpus to you, and the name and address of the trustee.

ANSWER:

23. Are you holding any property for the benefit of another person in trust or otherwise? If so, for each item of property, state:

1. The name and address of the beneficial owner;
2. A description of the property;
3. The value of the property;
4. The authority under which you are holding it; and
5. The condition or terms under which it is held.

ANSWER:

24. For each loan or debt which you currently have, please state as follows:
25. To whom the obligation is owed;
26. The collateral, if any, when you took out the loan or incurred said debt;
27. Specifically, how you used the proceeds of the loan or why the debt was incurred;
28. Is anyone other than yourself obligated on the loan, and if so, who;
29. The original loan amount;
30. The balance owed on the date of filing;
31. The current balance owed;
32. State the amount per month you pay towards said loan; and
33. State the date on which the loan or debt becomes due.

ANSWER:

25. State whether you have any unpaid income tax due and owing the Federal government, the State of _____, or any municipality. If so, describe in detail.

ANSWER:

26. Since the date of your marriage to Petitioner/Respondent, have you received any property by bequest, devise, descent, or as a gift?

ANSWER:

27. If so, for each item of property or funds received, state:
28. Date of receipt;
29. Description of property received;
30. Value of property when received;
31. Value of property on the date of filing;
32. Present value of your interest in the property;
33. Present location of the property;
34. Name of the estate;
35. Name and address of the executor or administrator of the estate;
36. Title and address of the court administering the estate; and
37. File or cause number of the estate in the court records.

ANSWER:

28. State all items of property which you will ask the Court to award to Petitioner/Respondent. State all items of property which you will ask the Court to award to you.

ANSWER:

29. Do you contend (or will you argue) that an unequal division of the marital estate is just and reasonable? If so, state the facts upon which you will rely for your argument.

ANSWER:

30. Do you contend that one party made a significantly greater or lesser contribution to the acquisition of the marital property of the parties? If so, specifically describe the type of contribution.

ANSWER:

31. List all liabilities which you will ask the Court to order Wife to assume. List all liabilities you will ask the Court to order Husband to assume. For each such liability, list: to whom the liability is owed and the amount owed as of the date of responding to these interrogatories.

ANSWER:

32. State with specificity all other orders which you will ask the Court to make, including but not limited to payment of attorney’s fees, payment of maintenance or support, and reimbursement by either Wife or Husband to the other of any expenses incurred.

ANSWER:

33. Please describe with specificity all documents you have removed from the marital residence that you believe are in any way relevant to the issues in this proceeding and the present location of such documents, including, without limitation, any correspondence to which either you or your spouse is a party.

ANSWER:

34. Please describe with specificity the monies you removed from the parties’ joint accounts, both personal and business, including the current location of said monies, name of bank, account number, etc., and provide a complete accounting of all such funds, and state the current balance remaining.

ANSWER:

35. Please list the name, address, and telephone number of each witness you intend to call at the final hearing of this matter, including a brief description of the testimony you expect from said witness.

ANSWER:

I affirm, under the penalties for perjury, that the foregoing answers to interrogatories are true and complete to the best of my information.

Dated:__________

__________________________

Please take notice that a copy of the answers must be served on the undersigned within thirty (30) days after the service of these interrogatories.

The foregoing interrogatories are to be regarded as a continuing and you are requested to provide, by way of supplemental answers thereto, such additional information as may hereafter be obtained by you or your counsel, or any person on your behalf, which will augment or otherwise modify any answers now given to the foregoing interrogatories. Such supplemental responses are to be filed and served upon the Petitioner’s/Respondent’s attorney within thirty (30) days after receipt of such information, but not later than the time of the trial.

Respectfully submitted,
DOE LAW FIRM

(caption)

(Sample Dissolution)

REQUEST FOR PRODUCTION OF DOCUMENTS
TO RESPONDENT/PETITIONER

Comes now the Petitioner/Respondent, by counsel, and pursuant to Trial Rule ______ of the _______ (insert state) Rules of Trial Procedure, requests the Respondent/Petitioner to produce the following designated documents, within thirty (30) days of the receipt hereof.

Requests

1. Copies of your last six (6) pay stubs.

RESPONSE:

2. Copies of Federal and State income tax returns, and all accompanying forms and schedules, including W-2s for the years _____.

RESPONSE:

3. Copies of all personal bank account statements and checkbook registers from _____ to date.

RESPONSE:

4. Copies of any and all employment contracts to which you are a party.

RESPONSE:

5. Copies of all accounts statements received from brokerage houses, corporations, mutual funds, etc., showing dividends paid to you from January 1, ______ to date.

RESPONSE:

6. Copies of all accounts statements received by you regarding pension fund, Keogh plan, retirement fund, individual retirement account, annuity fund, or any other similar benefit plans or funds, including military benefits, or any program entitling you to deferred compensation, in which you have any interest from January 1, _____ to date.

RESPONSE:

7. Copies of all decrees (or like orders of Court) showing distribution to you from any decedent’s estate in the 12 months immediately preceding your response to this request for production.

RESPONSE:

8. Copies of trust instruments of which you are a beneficiary.

RESPONSE:

9. A copy of the closing statement(s) for the sale of any real estate in which you had any equitable or legal interest since _____.

RESPONSE:

10. A copy of the purchase Agreement(s) for any real estate purchased by or for you since _____.

RESPONSE:

11. A copy of any existing leasehold agreement(s) and/or sub-leasehold agreement(s) relating to any apartment(s) or real estate owned by you.

RESPONSE:

12. Copies of Purchase Agreements relating to real estate in which you presently have a legal or equitable interest other than that mentioned in Interrogatory No.___.

RESPONSE:

13. Copies of all Buy-Sell Agreements to which you are a party.

RESPONSE:

14. Copies of all purchase agreements relating to any business or business enterprise in which you presently have an interest.

RESPONSE:

15. Please attach hereto a copy of your completed _____ County Courts Financial Declaration.

RESPONSE:

16. Copies of any and all documents used in answering or which support the figures listed in your Financial Declaration requested in item number _____ above.

RESPONSE:

17. Copies of any and all journals or diaries or other notes you have kept in which there is any reference to the Petitioner/Respondent or the children since _____.

RESPONSE:

18. Copies of all documents described in, used in answering, and/or in support of, your answer to Interrogatory Number _____.

RESPONSE:

19. True, complete and authentic copies of all exhibits you intend to introduce at the final hearing of this matter.

RESPONSE:

Please take notice that a copy of your Response must be served on the undersigned within thirty (30) days after the service of these Requests.

The foregoing requests are to be regarded as a continuing and you are requested to provide, by way of supplemental response thereto, such additional information as may hereafter be obtained by you or your counsel, or any person on your behalf, which will augment or otherwise modify any responses now given to the foregoing requests for production. Such supplemental responses are to be filed and served upon the Respondent’s attorney within thirty (30) days after receipt of such information, but not later than the time of the trial.

Respectfully submitted,
DOE LAW FIRM

LITIGATION FORMS

In addition to preparing a case management plan, counsel shall prepare a case management plan summary to submit to the court. The purpose of the summary is to provide the court with a simple, in-chambers reference regarding the case. The summary must fit on one page and include the following information in the following format:

MAGISTRATE JUDGE’S SUMMARY OF CASE MANAGEMENT PLAN

Date Approved: (for court’s use) Cause No.:

The use of unambiguous abbreviations is encouraged. A sample summary is attached for your reference.

MAGISTRATE JUDGE’S SUMMARY OF CASE MANAGEMENT PLAN

The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA DISCOVERY FORMS AND INFORMATION – 

INSTRUCTIONS TO DEPONENT

1. Listen to the question.

Concentrate on every word. Wait until you hear the last word of the question before you start your answer. If you listen closely to ordinary conversation, you will see that we cut one another off quite frequently not to be rude, but to keep the conversation moving. Listening is hard work. If you listen as you should, you will be able to state a concise, appropriate response.

2. Be sure you hear the question.

If the lawyer drops his voice or someone coughs and you miss a word or two, say that you did not hear the question. Do this even if you are almost certain that you know what word you missed.

3. Be sure you understand the question.

Sometimes the question will be so long or so convoluted that you do not know what you are being asked except that it concerns subject A. You may be tempted to answer by saying something about subject A in the hope that the lawyer will then go on to some other subject. Do not do that. Just say that you do not understand.

You may not understand because the lawyer is not exact in his language. For example, he may ask you if a certain letter was sent after “that.” You may not be sure to what fact or event he is referring when he says “that.” Say that you do not understand the question.

If you do not understand, do not help the other lawyer in asking the question. Do not say, “If you mean this, then my answer would be such and such; if you mean that, my answer would be so and so.” You may very well give the other lawyer ideas. Say only that you do not understand.

4. Answer the question.

After you have listened to, heard, and understood the question, then answer the question. Generally you should keep your answer short and to the point.

What you learned in taking tests in school applies here. Answer what you are asked. If the question begins “Who,” your answer should be a name; if “Where,” a place; if “When,” a date; and so on.

If you do not know or do not remember, say that. Do not guess. If you are estimating or approximating, say that you are.

Sometimes, after you give your answer there will be a silence. The other lawyer may be thinking how to word his next question. Silences sometimes make a witness uncomfortable. You may be tempted to fill the silence with words. Do not do that. Keep quiet and wait.

If a question irritates you or makes you angry, resist the temptation to argue with the other lawyer, you will lose. Just give whatever facts you know responsive to the question and then keep quiet.

If you are asked a question that requires a longer answer, give it. Use your common sense. But if you are in doubt, keep your answer short. Do not make speeches. Remember that every word is another target for the other lawyer.

In dealing with the other lawyer, your manner should be courteous and open, but mentally you should be on guard at all times. Even if something is said “off the record,” the other lawyer can ask you about it when you are back on the record.

I may object to certain questions. Try not to be distracted by that. Listen to the objection. It may point out some hidden trap in the question. The objection is a reminder to you to keep concentrating.

I may go further and instruct you not to answer the question. If I do, follow my instruction.

5. Stick to truthful answers.

You may hear the same question more than once. If your original answer was accurate, stick to it. The fact that the other lawyer keeps coming back to the question does not mean that you are not answering properly. You must give the facts as you know them. If you gave them right the first time, stick to your answer.

Assume the other lawyer is an experienced and skillful questioner. Through his questions he may try to create doubt in your mind even about facts that you know very well. Take an easy example which has nothing to do with this case. Suppose he shows you a coffee cup and asks you what it is. You say a coffee cup. He then pauses, gazes at the cup, and lets you squirm. Then, after letting you wonder what he knows that you don’t, he leans forward and says, “Now, Mr. Witness, is it your testimony here today under oath that that object is a coffee cup? Do you really mean to say that?” There is a natural tendency to back off and say, “Well, I thought it was a coffee cup.” That small change in your testimony may be crucial. Suppose a witness says the first time that he had the green light and then says that he thought he had it. That would be a devastating change. So if your first answer was true, stick to it and say, “Yes, it is a coffee cup.” What does the other lawyer do then? He will then go on to another subject quickly when he sees that you cannot be shaken.

Of course, if you realize that your earlier answer was in error or incomplete, you should correct or supplement it. Obviously, you should not say that an earlier answer is true if you become aware that it is not.

6. Tell the truth.

You must always follow that rule. You should not interpret anything else that I have said to you to be at odds with that rule.

7. What to expect of me.

I will ask a few questions, perhaps, but only if I think clarification of your testimony is important. Again, listen to the question, because I will probably want you to clarify or improve on your earlier testimony.

Other than these general rules, I think it is important for you to organize your thought process to make certain that your recollection is as complete as possible and that the order of events or the approximate chronology is in mind.

If you have any questions on these thoughts, please don’t hesitate to give me a call. Thank you.

SAMPLE PROPOSED CASE MANAGEMENT PLAN AND PRETRIAL ORDER – The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA

I.

GENERAL TERMS OF CASE MANAGEMENT

The purpose of this Case Management Plan and Pretrial Order is to secure the just, speedy, and inexpensive determination of this action in accordance with the Indiana Rules of Trial Procedure. Except as otherwise provided by this order or any subsequent order, the Indiana Rules of Trial Procedure shall govern this case. This order may be modified upon motion of a party for good cause shown.

II.

DEADLINES

• Deadline for Submitting Initial Witness List

(Insert appropriate dates)

• Case Identified for Mediation
• Deadline for Submitting Updated Initial Witness List
• Preliminary Disclosure of Areas of Expert Testimony
• Submission of Expert Disclosures Pursuant to Rule 26
• Submission of Responsive Expert Disclosures Pursuant to Rule 26
• Expert Depositions
• Deadline for Submitting Final Witness List and Preliminary Exhibit List
• Final Discovery Motions to Be Heard
• Deadline for Completion of Mediation
• Deadline for Completion of Fact Discovery
• Deadline for Trial Submissions Including Final Exhibit List
• Pretrial Conference
• Final Pretrial Conference
• Trial

III.

DISCOVERY

1. Governing Authority

Discovery shall be governed by the Indiana Rules of Trial Procedure.

1. Parties

The discovery limitations in the Indiana Rules of Trial Procedure and in this Order shall apply to the Plaintiff and to the Defendants collectively, except by agreement of the parties or upon order of the Court for good cause shown. In other words, the Plaintiff shall be viewed as one party, and the same for Defendants collectively, for these purposes.

1. Document Production
2. Document Production Protocols.

The parties have agreed to follow the following protocols:

1. Electronically stored documents and data must be produced in the following format:
2. TIFFs. Single-page 300 dpi CCITT Group IV black and white TIFFs should be provided, with page breaks at document end. Unique IDs: Each image should have a unique file name which will be the Bates number of that page. The Bates number must appear on the face of the image (e.g., BATES000001.TIFF).

The parties will accommodate reasonable requests for production of specific images in color.

2. Database Load Files/Cross-Reference Files.

Documents should be provided with (1) a Concordance delimited data file and (2) an Opticon delimited file.

Example of Opticon Delimited File:

MSC000001,MSC001,D:\IMAGES\001\MSC000001.

TIF,Y,,,3

MSC000002,MSC001,D:\IMAGES\001\MSC000002.

TIF,Y,,,,

MSC000003,MSC001,D:\IMAGES\001\MSC000003.

TIF,Y,,,,

MSC000004,MSC001,D:\IMAGES\001\MSC000004.

TIF,Y,,,2

MSC000005,MSC001,D:\IMAGES\001\MSC000005.

TIF,Y,,,,

Example of Concordance Delimited File:

þBegDocþ_þEndDocþ_þAttachRangeþ_þCustodianþ_

3. Text Files. For each document, a documentlevel text file should be provided in addition to the TIFFs. The text of native files should be extracted directly from the native file, and each text file will be named using its corresponding image files (e.g., BATES000001.TXT).

With respect to documents containing redacted text, no text will be provided for the entire document.

4. Metadata Fields. No text or metadata will be produced for redacted documents. Metadata pertaining to time/date will be maintained in the time zone they were originally created in. The following metadata fields should be provided if they exist:Extracted text
   Custodian
   Create Date
   Last Modified Date
   MD5-HASHFor E-mails, the following additional metadata will be producedTO
   FROM
   CC
   BCC
   DATE
   SUBJECT
   Parent-child relationships (attachment range)

Specifically identified documents shall be produced in native format upon the request of any party.

1. Hard-Copy Production.

Hard-copy documents will be produced in the following format:

1. Single-page 300dpi CCITT Group IV black and white TIFFs should be provided with page breaks at document end.
2. The parties will accommodate reasonable requests for production of specific images in color.
3. Unique IDs. Each image should have a unique file name which will be the Bates number of that page. The Bates number must appear on the face of the image (e.g., BATES000001. TIFF).
4. document-level OCR text files will be provided. Each file will be named using its corresponding image file name (e.g., BATES000001.TXT). With respect to documents containing redacted text, no OCR file will be provided for the entire document.
5. Electronically stored information (ESI):

Each party represents that it has taken reasonable steps to preserve reasonably accessible sources of ESI, including the implementation of a litigation hold. Reasonably accessible sources of ESI include active e-mail accounts and archived e-mail accounts stored on computer networks or hard drives, shared network drives, workstation or laptop hard drives, portable drives/media, CD-ROM, and DVD disks.

Each party will conduct a diligent search of those reasonably accessible sources in which it has reason to believe relevant ESI responsive to discovery requests will be found, and will identify the custodians and data sources containing preserved or relevant information.

In an attempt to identify relevant ESI and minimize disputes, the parties agree to consider the use of search terms to identify relevant ESI if justified by the burden imposed by the document requests. The parties agree to disclose and agree upon search terms.

Unique IDs. Each image should have a unique file name which will be the Bates number of that page. The Bates number must appear on the face of the image (e.g., BATES000001).

3. Privileged documents: Any document withheld from production based upon a claim of privilege shall be identified on a privilege log on or before 10 days after production and shall include the following for each document:

1. Entry number;
2. Date;
3. Author;
4. Addressees and recipients of copies;
5. Type of document;
6. Subject matter of document (identified with sufficient detail to enable opposing counsel to assess the applicability of the privilege); and
7. Nature of claimed privilege (i.e., attorney-client, work product).

The privilege log shall include documents generated or received by law firms of record in this litigation only to the extent that those documents pre-date _______ (insert date).

No non-privileged relevant document shall be withheld from production solely on the ground that it is attached or appended to a privileged document.

If a document is privileged only in part, the privileged portion(s) only shall be redacted and the rest of the document produced. Each redacted portion shall be clearly marked as redacted in the location(s) of the document where it is redacted. Any redacted portion(s) shall also be listed in the privilege log in accordance with this section.

Each e-mail chain may be logged as one document, but this entry must include the sender and all recipients of each communication in the chain, as well as the nature of the claimed privilege for each communication in the chain. (For example, an entry for an e-mail chain containing three e-mails shall set forth the sender and recipient for all three e-mails in the chain and the nature of the claimed privileged for each of all three e-mails in the chain.)

4. Redaction of documents: There shall be no redaction of documents other than on the basis of privilege or as may be required by law, except by agreement of the parties or upon order of the Court for good cause shown.
5. Inadvertent production of privileged material: The Court has entered, and the parties shall abide by, a Protective Order addressing the inadvertent production of privileged materials.
6. Third-party documents: Any party requesting documents from a third party (not a party to this action) through a subpoena shall ensure that all parties in this action are notified of any such subpoena upon service and that all documents received from a third party pursuant to such subpoena shall be produced to opposing counsel within 48 hours of receipt.

IV.

PRETRIAL CONFERENCE – The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA

1. At the conclusion of expert discovery, the parties shall meet and confer to discuss trial matters, including the exchange of witness lists, exhibits lists, deposition designations, jury instructions, stipulated facts, and the filing of motions in limine and objections.
2. Final trial submissions are due to the Court on ______ (insert date). This includes final exhibit lists, final jury instructions, final stipulated facts, deposition designations, motions in limine, and objections.
3. Rebuttal deposition designations are due to the Court on ______ (insert date).

V.

TRIAL – The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA

1. This matter shall be tried to a jury on all of the issues pled in the Amended Complaints which are so triable, commencing on _______ (insert date). Any remaining issues that may be triable to the Court shall be tried to the extent practicable at the same time.
2. The parties estimate that the trial in this matter shall last three to four weeks.

VI.

SERVICE OF PLEADINGS – The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA

Service of all pleadings and other papers shall comply with Indiana Rule of Trial Procedure 5. In addition, a courtesy copy of all pleadings, subpoenas, and discovery requests shall be transmitted to the opposing attorneys by electronic mail.

Hon.______, Judge _______
Superior Court

The Multifaceted Role of Paralegals in Diverse Legal Practices in the USASAMPLE INTERROGATORIES TO COMPANY DEFENDANT IN PERSONAL INJURY (AUTO COLLISION) CASE – 

PLAINTIFFS’ INTERROGATORIES TO DEFENDANT

Come now the Plaintiffs by counsel, and pursuant to Trial Rule _____ of the _______ Rules of Procedure, request that the Defendant _______ answer the following Interrogatories fully, in writing and under oath, and return to the offices of _______________, within thirty (30) days of service hereof.

DEFINITIONS

“You”, “your”, and “yourself shall include the Defendants and other persons acting or purporting to act on behalf of the Defendant including any agent, attorney, or other representative of the Defendant.

“Subject incident”, “subject collision”, and “collision” shall refer to the motor vehicle collision which occurred on [date] in __________ County, [State] which is the subject of this lawsuit.

“Driver” or “your driver” shall refer to the driver of your vehicle at the time of the subject incident.

INTERROGATORIES

1. Please identify yourself, giving your full name, residence address, business address, title or office with Defendant, educational background, length of time you have been employed by Defendant, your basic job description with Defendant at the time of the subject incident and now.

ANSWER:

2. Prior to answering these Interrogatories, have you made a full and complete investigation of all facts known to your company with the intent of answering these Interrogatories with all the available information?

ANSWER:

3. State the name and address of the owner of the vehicle involved in the collision that occurred on [date] at [location] in _________ County [State], which collision is referred to in Plaintiff’s Complaint and described herein as the “subject incident.”

ANSWER:

4. At the time of the subject incident, were you the named insured on any policies of liability insurance?

ANSWER:

5. If the answer to the foregoing question is “yes” the following with respect to each of such policies of liability insurance:

1. The name and address of the company issuing such policy;
2. The number of such policy;
3. The limits of liability of such policy;
4. The named insured under such policy;
5. The vehicle, or vehicles, in connection with which such policy was issued;
6. The nature and extent of the coverage which protects your company and/or your employee, agent or servant against risks such as this suit.

ANSWER:

6. Was the vehicle involved in the subject incident owned or leased by the Defendant at the time of this incident? Please explain in detail.

ANSWER:

7. Is the full legal name of the Defendant correctly d in the Complaint? If not, what is the full and correct legal name of the Defendant?

ANSWER:

8. Was an employee, agent, or servant of yours involved in a motor vehicle collision that occurred on [date] at [location] in _______________ County, [State], and, if so, his or her name, address and telephone number and whether you conducted an investigation into said incident.

ANSWER:

9. State the full name, address, telephone number and business capacity of every person in your motor vehicle at the time of the subject collision.

ANSWER:

10. If you conducted an investigation, please the nature of the investigation, which employee or representative of your company conducted the same, and who is in possession of the investigation file, witness statements, photographs, or any other documentary evidence related thereto.

ANSWER:

11. Do you know of any witnesses, other than the Plaintiff and Defendant, to the subject collision? If so, please give their full name, address, and telephone number.

ANSWER:

12. Please give the names, addresses, and telephone numbers of all persons to whom oral or other ments were made regarding the subject collision, including when and where such statements were made, and who is in possession of such statements.

ANSWER:

13. Give your version of a full description of how the collision occurred, including at least the following information:

1. The exact time of the occurrence;
2. The place of the occurrence;
3. The direction of travel of the Plaintiff’s vehicle at the time of the collision;
4. Plaintiff’s physical location immediately prior to the collision;
5. Your employee, agent, or servant’s direction of travel and physical location immediately prior to the collision;
6. The Plaintiff’s actions at and just before the time of the incident;
7. Your employee, agent, or servant’s actions at and just before the time of the incident;
8. The name of the person you feel was the primary cause of this collision;
9. The source of your information.

ANSWER:

14. What, if anything, was done by your employee, agent, or servant in the operation of his motor vehicle in an attempt to avoid the collision?

ANSWER:

I AFFIRM UNDER THE PENALTIES FOR PERJURY, THAT THE FOREGOING REPRESENTATION(S) ARE TRUE.

__________________

SAMPLE INTERROGATORIES TO INDIVIDUAL DEFENDANT IN PERSONAL INJURY (AUTO COLLISION) CASE – The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

Comes now the Plaintiff by counsel, and pursuant to Trial Rule _____ of the [State] Rules of Procedure, request that the Defendant _________ answer the following Interrogatories fully, in writing, and under oath, and return those answers to the offices of _____________________, within thirty (30) days of service hereof.

DEFINITIONS

“You,” “your,” and “yourself” shall mean [Defendant] or other persons acting or purporting to act on behalf of the Defendant including any agent, attorney or other representative of the Defendant.

“Subject incident,” “subject collision,” and “collision” shall refer to the collision which occurred on [date] at [location] in _________County, [State] which is the subject of this lawsuit.

INTERROGATORIES

1. State your:

1. Full name;
2. Home address;
3. Home telephone number;
4. Business address;
5. Business telephone number;
6. Date of Birth;
7. Social Security number;
8. Driver’s License number;
9. Marital status at time of incident & spouse’s name;
10. Current marital status & spouse’s name.

ANSWER:

2. Was the vehicle involved in the subject incident owned or leased by the Defendant? Please explain in detail.

ANSWER:

3. Were you employed at the time of the subject incident? If so, by whom?

ANSWER:

4. At the time of the collision were you serving any employer? If so, please explain in detail.

ANSWER:

5. At the time of the collision were you acting in the course and scope of your employment? If so, please explain in detail.

ANSWER:

6. With reference to your driving history state:

1. Any citations you may have received in the last ten years;
2. The disposition of each;
3. The penalty or fine imposed;
4. The nature of any restrictions;
5. The reason for any restrictions;
6. Any action taken by your employer.

ANSWER:

7. With reference to the trip you were making at the time of the subject incident herein, please state:

1. Where it started;
2. When it started;
3. Where it was scheduled to end;
4. When you were scheduled to arrive at your intended destination;
5. The stops which you made prior to the collision;
6. The stops which you intended to make over the uncompleted part of your trip;
7. The reason, or reasons, for the trip;
8. The number of miles you had already traveled at the time of the incident.

ANSWER:

8. Was there anything distracting you, interfering with your driving, impeding you, or bothering you at or just before the time of the collision? If so, explain in detail.

ANSWER:

9. Can you give any estimate of the speed of any of the vehicles involved in, or in a position to observe, the subject collision at anytime before, leading up to, and at the time of the collision. If so, please provide all such estimates for each vehicle.

ANSWER:

10. Describe the:

1. Weather;
2. Visibility; and
3. Condition of roadway.

ANSWER:

11. Describe in detail all recollections that you have regarding the events leading up to the subject collision, the collision itself, and the events following the collision, beginning with the first things you recall occurring on the morning of the collision, including all observations of the vehicles involved, and ending with the last thing you recall on the evening of the collision.

ANSWER:

12. State in detail everything you did to avoid the subject collision.

ANSWER:

13. Did you consider swerving your motor vehicle or putting on your brakes sooner than you actually did? If so, please fully explain.

ANSWER:

14. Is there anything you could have done to avoid the collision which you did not do? If so, explain in detail.

ANSWER:

15. Describe the path of travel of each vehicle after the collision until it came to a final resting place.

ANSWER:

16. At the time of the collision in question, what was the condition of the brakes, signaling devices, tires and steering apparatus of your vehicle?

ANSWER:

17. At the time of the collision in question, did you know, or do you now know, of any mechanical, operational, or other problem with the vehicle you were driving? If so, describe fully.

ANSWER:

18. Do you contend that the Plaintiffs violated any traffic law at the time of, or immediately prior to, the collision in question? If so, please describe by statute or number, or generally what you contend to be such traffic violation.

ANSWER:

19. Describe any information you have indicating, or any reason you have to believe, that there was any defect in the road or in the marking or signing on the road that caused or contributed to cause the collision in question.

ANSWER:

20. Describe any information you have which leads you to believe, or upon which you base any contention, that weather or any weather condition was a factor or contributed to this collision in any way.

ANSWER:

21. Were there any obstructions to visibility for any of the operators of any of the vehicles involved in this incident at the time of, or immediately before, the collision in question which you contend was a factor or contributed to cause the collision in question? If so, please fully describe.

ANSWER:

22. Do you allege, or do you intend to allege, that someone else’s conduct was the “proximate cause” of the collision in question? If so, describe in detail such other alleged cause.

ANSWER:

23. Describe in detail what damage was done to your vehicle, and give the cost of repair to your vehicle.

ANSWER:

24. Describe in detail what injuries, if any, you received in the collision.

ANSWER:

25. Were you ever admitted to any hospital or other medical facility for the treatment of any illness, injury or condition resulting from the collision? If so, for each hospitalization, state:

1. The name and address of the hospital or facility;
2. The date of the hospitalization or treatment;
3. Describe in detail the reasons for your confinement.

ANSWER:

26. State in detail what drugs or medication, if any, you had taken during the 24 hour period before the subject incident.

ANSWER:

27. In the 24 hour period before the subject incident, did you have anything of an alcoholic and/or intoxicating nature to drink? If so, state:

1. The name, type, and brand of each drink consumed;
2. That quantity consumed;
3. The name and address of each place of consumption;
4. The exact time of consumption of each drink;
5. The name, type and brand of each drink given to any other person present at the time of your consumption.

ANSWER:

28. Describe in detail what you did the evening and night before the subject incident. Where did you spend the night? With whom did you spend the evening and night?

ANSWER:

29. At the time of the incident, did you own a pair of eyeglasses or other corrective lenses? If so, were you wearing them at the time of the incident?

ANSWER:

30. State the speed of your vehicle at all times material to the subject incident, including specifically your speed at, and just before, the time of impact, and if your brakes were on at the time of impact please state your speed before applying your brakes.

ANSWER:

31. Please state whether or not you know of or have a copy of any statement which the Plaintiffs or others have previously made concerning the subject incident. If so, please attach.

ANSWER:

32. Describe in detail any comments or statements you heard or any conversation you had with the Plaintiffs or witnesses following the collision in question.

ANSWER:

33. Identify, by name, address and telephone number, each person known to you, your attorney, or anyone acting on your behalf who has any knowledge regarding the facts and circumstances surrounding the subject incident, and/or the events leading up to the subject incident.

ANSWER:

34. Prior to the collision herein, had you been involved in any collisions involving motor vehicles? If so, as to each, state:

1. The date, time, and location of the collision;
2. The names and addresses of the driver involved;
3. If legal proceedings were commenced the court in which they were filed and the cause number;
4. The names of parties and status they occupied in any action;
5. The result of any judgment rendered in any action;
6. The result of any settlement in absence of legal proceedings;
7. The nature of all vehicles or instrumentalities involved;
8. The nature and extent of any injuries that you sustained.

ANSWER:

35. Were you charged by the city, county, or state with the violation of any traffic regulation as a result of the operation of your motor vehicle at or just prior to the occurrence of the subject incident? If so, state:

1. The charge;
2. The plea entered;
3. The final disposition.

ANSWER:

36. Have you ever been convicted of any criminal offense, including traffic offenses, unrelated to the subject incident? If so, for each conviction, state:

1. The date on which the offense was committed;
2. The date of conviction;
3. The name or type of crime committed;
4. The judgment of the court as to the fine and/or imprisonment;
5. The name of the city and location of the court in which you were convicted.

ANSWER:

37. Describe any insurance agreement under which any insurance company may be liable to satisfy part or all of the judgment which may be entered in this action, or to indemnify or reimburse for payments made to satisfy the judgment, by stating the name of the insurer, the address, the policy number, and the amount of any liability insurance coverage.

ANSWER:

38. Have you ever been involved in any other lawsuit, either as a Plaintiff or Defendant? If so, please do the following with respect to each lawsuit:

1. Identify each occurrence or transaction that gave rise to each lawsuit;
2. Describe in detail the nature of the lawsuit, giving the court and cause number;
3. Identify the parties and their attorneys of record;
4. Describe in detail the injuries and the damages which were sought in such lawsuit; and
5. Describe in detail the manner in which it was resolved.

ANSWER:

39. Identify all documents that were referred to in answering these Interrogatories.

ANSWER:

I AFFIRM UNDER THE PENALTIES FOR PERJURY, THAT THE FOREGOING REPRESENTATION(S) ARE TRUE.

__________________

The Multifaceted Role of Paralegals in Diverse Legal Practices in the USASAMPLE REQUEST FOR PRODUCTION TO DEFENDANT IN PERSONAL INJURY (AUTO COLLISION) CASE – 

PLAINTIFFS’ REQUEST FOR PRODUCTION TO DEFENDANT _________

Come now the Plaintiffs by counsel, and pursuant to Trial Rule ______ of the [State] Rules of Procedure, request that the Defendant _________ respond fully to the following Request for Production, and return to the offices of ________________ within thirty (30) days of service hereof.

DEFINITIONS

FOR THE PURPOSES OF THIS REQUEST FOR PRODUCTION OF DOCUMENTS, THE TERMS USED HEREIN SHALL HAVE THE FOLLOWING MEANINGS:

1. “Document” and “documents” shall be used in their broadest sense and shall mean and include all written, printed, typed, recorded, or graphic matter of every kind and description, both originals and copies, and all attachments and appendices thereto. Without limiting the foregoing, the terms “document” and “documents” shall include all agreements, contracts, communications, correspondence, letters, telegrams, telexes, messages, memoranda, records, reports, books, summaries or other records of personal conversations of interviews, summaries or other records of meetings and conferences, summaries or other records of negotiations, other summaries, diaries, diary entries, calendars, appointment books, time records, instructions, work assignments, visitor records, forecasts, statistical data, statistical statements, financial statements, work sheets, work papers, drafts, graphs, maps, charts, tables, accounts, analytical records, consultants, reports, notices, marginal notations, notebooks, telephone bills or records, bills, statements, records of obligation and expenditure, invoices, lists, journals, advertising, recommendations, files, printouts, compilations, tabulations, purchase orders, receipts, sell orders, confirmations, checks, canceled checks, letters of sell orders, letters of credit, envelopes or folders or similar containers, voucher analyses, studies, surveys, transcripts of hearings, transcripts of testimony, expense reports, microfilm, microfiche, articles, speeches, tape or disc recordings, sound recordings, video recordings, film, tapes, photographs, punch cards, programs, data compilations from which information can be obtained (including matter used in data processing), and other printed, written, handwritten, typewritten, recorded, stenographic, computer-generated, computer-stored, or electronically stored matter, however and by whomever produced, prepared, reproduced, disseminated, or made. The terms “document” and “documents” shall include all copies of documents by whatever means made, except that where a document is identified or produced, identical copies thereof which do not contain any markings, additions, or deletions different from the original need not be separately produced. Without limiting the term “control,” a document is deemed to be within your control if you have ownership, possession or custody of the document, or the right to secure the document or copy thereof from any person or public or private entity having physical possession thereof.
2. “You” and “your” shall mean other persons acting or purporting to act in behalf of including any agent, attorney or other representative.
3. As used herein, the words “and” and “or” shall be construed either conjunctively or disjunctively as required by the context to bring within the scope of these requests any document that might be deemed outside its scope by another construction.
4. “Person” shall mean any individual, partnership, association, corporation, joint venture, firm, proprietorship, agency board, authority, commission, or other legal or business entity.
5. “Communication” shall mean and include every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer, or exchange of information, whether orally or by document or whether face-to-face, by telephone, mail, personal delivery, or otherwise.
6. “Statement” means and includes any written or graphic statement signed or otherwise adopted or approved by the users in making it, any stenographic, mechanical, electric or other recording or transcription thereof which is a substantially verbatim recital of an oral statement made by the person making it and contemporaneously recorded.
7. “Identify” means, in the case of:

(1) an individual person, to state the person’s name, address, telephone number, occupation or profession, job title and the name, address and telephone number of that person’s employer;

(2) an organization (e.g., a corporation, partnership or association), to state the organization’s name, the type of organization, its address and telephone number, the state in which it is organized (e.g., incorporated) and the identity of its chief executive;

(3) a document, to state the date, author, addressee or recipient, type of document, and name, address and telephone number of each person having possession, custody or control of the document or any copies of the document; and

(4) a payment of money, to state the person who made the payment, the person to whom. the payment was made, the date the payment was made, the amount of the payment, the purpose for which the payment was made and the manner of payment (e.g., by check, cash or wire).

(5) a statement or representation, to state the person who made the statement or representation, the person or persons to whom the statement or representation was made, the time when the statement or representation was made, the place where the statement or representation was made, the means by which the statement or representation was made (i.e., in person, by telephone, by letter) and the specific contents of the statement or representation.

ITEMS TO BE PRODUCED

REQUEST NO. 1. A certified copy of the policy, or policies, of insurance covering you and/or your agents while operating motor vehicles at the time and date of the subject incident, as well as the policy cover page, face page, or declaration page, including the limits of liability on all policies of insurance.

RESPONSE:

REQUEST NO. 2: Photographs or drawings of the scene of the collision, vehicles involved in said collision, or pertaining to the collision in any way.

RESPONSE:

REQUEST NO. 3: All internal memoranda, correspondence or other records regarding this incident, including any incident or risk manager reports.

RESPONSE:

REQUEST NO. 4: Any and all statements, including but not limited to those of the Plaintiff and Defendant, which have been taken regarding the subject incident.

RESPONSE:

REQUEST NO. 5: Any and all repair bills or estimates of repair regarding any vehicle involved in this collision.

RESPONSE:

REQUEST NO. 6: Any and all medical records of the Plaintiff in the possession of the Defendant.

RESPONSE:

REQUEST NO. 7: All documents which are generally or specifically identified in your answers to Interrogatories.

RESPONSE:

REQUEST NO. 8: The entire “driver file”, employment file, or personnel file maintained for [Defendant driver].

RESPONSE:

SAMPLE REQUESTS FOR ADMISSIONS TO DEFENDANT IN PERSONAL INJURY (AUTO COLLISION) CASE – The Multifaceted Role of Paralegals in Diverse Legal Practices in the USA

PLAINTIFFS’ FIRST REQUESTFOR ADMISSIONS TO DEFENDANT

Come now the Plaintiffs, by counsel, and, pursuant to Trial Rule _____ of the [State] Rules of Procedure, request that the Defendant ____________ respond fully to the following Request for Admissions, and return responses to the offices of _______________ within thirty (30) days of service hereof.

DEFINITIONS

“Subject incident,” “subject collision,” and “collision” shall refer to the motor vehicle collision which occurred on [date] in ____________ County, [State] which is the subject of this lawsuit.

“Driver” or “your driver” shall refer to the driver of your vehicle at the time of the subject incident.

REQUEST FOR ADMISSIONS

1. The collision which is the subject of this lawsuit occurred on [date].

ANSWER:

2. The collision which is the subject of this lawsuit occurred at [location].

ANSWER:

3. Immediately prior to this collision the vehicle driven by Defendant [Defendant driver] was traveling [direction] on [location].

ANSWER:

4. Immediately prior to this collision the vehicle driven by Plaintiff [Plaintiff] was traveling [direction] on [location].

ANSWER:

5. At the time of the collision, Defendant [Defendant driver] was acting within the course and scope of his employment as an agent, servant or employee of [Defendant driver’s employer].

ANSWER:

6. At the time of the collision Defendant [Defendant driver] was driving under the direction and control of [Defendant driver’s employer].

ANSWER:

7. Defendant [Defendant driver] was not acting as in independent contractor at the time of the collision.

ANSWER:

8. Defendant [Defendant driver’s employer] paid Defendant [Defendant driver] wages, tips or other income while he was employed by [Defendant driver’s employer].

ANSWER:

9. On [Date of incident], the vehicle driven by Defendant [Defendant driver] collided with the rear of the vehicle driven by Plaintiff [Plaintiff].

ANSWER:

10. The collision which is the subject of this lawsuit was caused by [Defendant driver].

ANSWER:

11. [Plaintiff] did nothing to cause this collision.

ANSWER:

12. [Plaintiff] could not have avoided this collision.

ANSWER:

13. Immediately prior to this collision Defendant [Defendant driver] did not observe the Plaintiff’s vehicle.

ANSWER:

14. Defendant [Defendant driver] failed to drive his vehicle in a reasonably prudent manner.

ANSWER:

15. Defendant [Defendant driver] was negligent in the operation of his vehicle and his negligence was the proximate cause of the collision.

ANSWER: