Form 18-19

For a general discussion of the action on a lease of personal property, see section 14.26 in this manual.

Pattern Interrogatories—Lease of Personal Property

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 execute the written agreement attached as Exhibit [exhibit number/letter] (the “Lease”)?

4.If the answer to interrogatory number 3. is not affirmative, state whether Defen­dant agreed to lease the personal property described in the Lease, the date of the agreement, whether the agreement was oral or in writing, and the terms and conditions of the agreement. In the alternative, if you will do so without a request to produce, attach a genuine copy of each such written agreement; or if you will not, identify each agreement.

5.Did Defendant lease the following personal property from Plaintiff: [describe leased property]?

6.State the exact time period during which Defendant was to be entitled to the use and enjoyment of the personal property described in interrogatory number 5.

7.Did Defendant agree to pay Plaintiff a specified amount of money each month as rent for the personal property described in interrogatory number 5.?

8.If the answer to interrogatory number 7. is affirmative, state the amount of money that Defendant agreed to pay each month to Plaintiff and state the exact number of months that Defendant agreed to pay that amount.

9.State the date, method, and amount of each payment made to Plaintiff under the terms of the Lease or agreement and the person or entity to whom each payment was made.

10.Was any express warranty or representation made by Plaintiff to Defendant con­cerning the personal property referred to in interrogatory number 5. that was not honored?

11.If the answer to interrogatory number 10. is affirmative, state the character or nature of each warranty or representation made or given, the identity of the individual making or giving that warranty or representation, and the capacity in which that person was employed by or associated with Plaintiff.

12.Has the personal property leased by Defendant under the written agreement referred to in interrogatory number 3. failed to operate in accordance with any representation or warranty made or given by Plaintiff?

13.If the answer to interrogatory number 12. is affirmative, state in detail the nature of any malfunction or other defect in operation on which Defendant bases the contention that the personal property failed to operate in accordance with the warranty or representation allegedly made or given by Plaintiff, the date of each such malfunction, and the name of each person having knowledge of the facts.

14.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 by Plain­tiff.

15.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.