CHAPTER 6 - Discovery: Definitions, Types, Objections & Forms

Written by Administrator

DISCOVERY: Discovery is defined as the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene and the petitions and motions employed to enforce discovery rights.

REQUEST FOR PRODUCTION OF DOCUMENTS: The production of each and every such document, email, audio or videotape recording, thing executed, created, pre­pared, received or in effect at any time to the present, or during any other indicated period of time.

discovery procedure, authorized by the Federal Rules of Civil Procedure and the court rules of many states, in which one party asks an opposing party to admit that certain facts are true. If the opponent admits the facts or fails to respond in a timely manner (usually thirty days), the facts will be deemed true for purposes of trial.

DEPOSITIONS: An important tool used in pretrial discovery where one party questions the other party or a witness in the case. Often conducted in an attorney's office, a deposition requires that all questions be answered under oath and be recorded by a court reporter, who creates a deposition transcript.

IN THE CIRCUIT COURT OF THE_______JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR _______________COUNTY

Bank Case #____________________

Division #: _______________

Plaintiff,

vs.

YOUR NAME

Defendant(s).

__________________________________________________________________________

DEFENDANT REQUEST FOR PRODUCTION

OF DOCUMENTS

NOW INTO COURT, through undersigned counsel, (OR PRO SE) comes YOUR NAME, the Defendant herein (Hereinafter “YOUR NAME”) and pursuant to Fla. R. C. Pro. 1.350, requests the production of the following documents from ENTER PLAINTIFF NAME (Hereinafter “PLAINTIFF”) within thirty (30) days from the date of service hereof. “Defendant” and/or “YOUR NAME “refers to YOUR NAME. YOUR NAME requests copies of the documents be produced c/o his/her attorney by mail to YOUR ADDRESS. YOUR NAME certifies they he will pay the reasonable costs of the reproduction and delivery.

PLEASE PRODUCE THE FOLLOWING DOCUMENTS:

  1. Any trust agreement ever concerning the Loan.

  2. Any pooling agreement ever concerning the Loan.

  3. Any servicing agreement ever concerning the Loan.

  4. Any custodian agreement ever concerning the Loan.

LEARN MORE IN THE

DO IT YOURSELF FORECLOSURE DEFENSE MANUAL.