For a general discussion of the sworn account procedure, see section 14.21 in this manual.
Pattern Interrogatories—Sworn Account
1.Identify the person answering these interrogatories.
2.State the manner of organization of Defendant—for example, corporation, partnership, limited partnership, sole proprietorship, or individual.
a.If Defendant is a corporation, identify each officer and director.
b.If Defendant is a partnership, identify each partner and state whether he is a general or limited partner.
3.Did Defendant receive the goods, wares, merchandise, or services described in each invoice attached as Exhibit [exhibit number/letter]? If not, identify separately by invoice which goods, wares, merchandise, or services were not received.
4.Did Defendant reject, dispute, or return any of the goods, wares, merchandise, or services received by Defendant and described in Exhibit [exhibit number/letter]? If so, state the date and manner of that rejection, dispute, or return. Alternatively, if you will do so without a formal request to produce, attach a genuine copy of each document or other written memorandum in support thereof; if you will not, identify each item of documentation or memorandum.
5.State the date, amount, and nature of every payment, credit, or offset against the account made the subject of Plaintiff’s original petition that Defendant alleges Plaintiff has not allowed to Defendant. If you will do so without a request to produce, attach to your answer a copy of each document or written memorandum in support of each such payment, credit, or offset (for example, front and back of each check or cash receipt evidencing each payment) claimed by Defendant; or if you will not, state the date, amount, and nature of each such payment, credit, or offset and identify each piece of supporting documentation.
6.State whether Defendant or Defendant’s attorney on behalf of Defendant has ever denied, either orally or in writing, the account made the subject of Plaintiff’s original petition and state whether Defendant or Defendant’s attorney on behalf of Defendant has ever claimed, either orally or in writing, any payment, credit, or offset to the account. If any such communication was in writing and if you will do so without a formal request to produce, attach a genuine copy of each writing; or if you will not, identify each writing. If any such communication was oral, state the date and substance of the communication, state the manner of its delivery, and state the name of the agent, representative, or employee of Plaintiff to whom such communication was directed.
7.Did Plaintiff present to Defendant a demand for payment of the claim made the subject of this suit? If so, state the date it was received, the name of the person receiving it, the relationship to Defendant of the person receiving it, and the amount of the demand.
8.Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial.
9.If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the fact and identify the documents on which that contention or belief is based.
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Attach exhibit(s). |