Form 18-20

For a general discussion of the action on a guaranty, see section 14.31 in this manual.

Pattern Interrogatories—Guaranty Agreement

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]?

4.If the answer to interrogatory number 3. is not affirmative, state whether Defen­dant otherwise agreed to guarantee any obligations, orally or in writing, the date of the agree­ment, and a verbatim recitation of 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 writ­ten agreement; or if you will not, identify each written agreement.

5.Did [name of person or entity whose liability is being guaranteed] execute the [describe obligation guaranteed by defendant] attached as Exhibit [exhibit number/letter]?

6.If the answer to interrogatory number 5. is not affirmative, state every difference existing between the attached Exhibit [exhibit number/letter] and the original document referred to in interrogatory number 5.

7.Who does Defendant contend or believe is the present owner and holder of the obligation guaranteed by Defendant and referred to in interrogatory number 5.?

8.If the answer to interrogatory number 7. is not Plaintiff, state the name and resi­dence and business addresses of the person or entity that Defendant believes is the owner and present holder of the obligation guaranteed by Defendant and referred to in interrogatory number 5., the date on which such person or entity acquired its ownership, and the manner of the acquisition.

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 there is any reason why Defendant is not liable on the guaranty that is the subject of this suit, state the reason and identify all the facts and documents on which those contentions or beliefs are based.