For a general discussion of the action on a written contract, see section 14.22 in this manual. With modification, this sample set is suitable for use in actions on an oral contract (section 14.23) or on a consumer revolving credit account (section 14.24).
Pattern Interrogatories—Contract or Consumer Revolving Credit 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 enter into a written contractual agreement with Plaintiff on or about [date]?
4.Is the document attached as Exhibit [exhibit number/letter] a true and correct copy of the agreement referred to in interrogatory number 3.? If it is not, state all the terms of every agreement relating to the subject matter of this lawsuit. Alternatively, if you will do so without a formal request to produce, attach a genuine copy of each document relating the terms; or if you will not, identify each such agreement.
5.Did Plaintiff perform the acts described in the agreement referred to in interrogatory number 3.? If not, specifically describe the acts Plaintiff did not perform as required by the agreement.
6.If Defendant contends or believes that the balance claimed by Plaintiff is not correct, state all the facts and identify all the documents on which that contention or belief is based.
7.Did Defendant receive the document attached as Exhibit [exhibit number/letter]? If so, state the date it was received, the name of the person receiving it, and the relationship to Defendant of the person receiving it.
8.Did Plaintiff present to Defendant a demand for payment of the claim that is 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 by Plaintiff.
9.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.
10.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 facts and identify the documents on which that contention or belief is based.
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Attach exhibit(s). |