Appendix 10 Pet Custody Discovery

• Library: Pet Law & Custody: Establishing a Worthy & Equitable Jurisprudence for the Evolving Family (ABA) (2017 Ed.)

Appendix 10 Pet Custody Discovery

There are many ways to draft discovery documents with regard to custody and ownership disputes regarding companion animals. Some examples that may prove useful are provided below. These discovery documents used and the responses given were from one of the author's cases wherein the parties' sharing of a dog proved unsuccessful. Names and factual information have been altered from the original to provide anonymity.

STATE OF MINNESOTA COUNTY OF PINK

Melissa Cox, Plaintiff,

vs.

Jennifer Hadley, Defendant.

DISTRICT COURT SIXTH JUDICIAL DISTRICT CASE TYPE: OTHER CIVIL

Court File No. 12345

DEFENDANT'S INTERROGATORIES TO PLAINTIFF

TO: PLAINTIFF MELISSA COX, 123 COURT STREET, MINNEAPOLIS, MINNESOTA 55414.

PLEASE TAKE NOTICE that Defendant demands, pursuant to the Minnesota Rules of Civil Procedure, full and complete Answers to the following Interrogatories, under oath, within thirty (30) days of the date of service hereof.

In answering these Interrogatories, furnish such information as is available to you, however obtained, including hearsay information known by, or in the possession of your agents, including your attorney. If any Interrogatory cannot be answered in full after exercising due diligence to secure the information, answer to the extent possible, specifying your inability to answer the remainder, stating whatever information and knowledge you have concerning the unanswered portion, and detailing what you did in attempting to secure that unknown information. These Interrogatories are deemed to be continuing so as to require supplemental answers if additional information is obtained between the time the Answers are served and the time of trial.

DEFINITIONS AND INSTRUCTIONS

1. The Interrogatory or sub-part thereof being answered shall be restated immediately preceding the Answer to such Interrogatory or sub-part thereof.

2. All knowledge and/or information which is in the possession, custody, or control of you or your attorney, investigators, employees, agents or such other representatives or persons acting on your behalf shall be divulged.

3. In the event an objection is made with respect to any Interrogatory on the grounds that it calls for the divulgence of privileged communications between attorney and client, state the following:

a. The date on which the communication took place;
b. The parties to the communication;
c. The manner in which the communication took place, i.e., personal conversation, telephone conversation, or written communication;
d. The identity of any persons who were present when the communication took place or who overheard or read the communication as the case may be; and
e. The identity of all persons to whom the communication has been divulged.

4. In the event an objection is made with respect to any Interrogatory or sub-part thereof on the grounds that it calls for the divulgence of information allegedly protected by the limited "work-product" doctrine, state all facts on which you rely to support the validity of such objection.

5. In the event that the Answer to an Interrogatory or sub-part thereof is "not applicable," or any similar phrase or answer, describe in detail why the Interrogatory or sub-part thereof is not applicable.

6. In the event that the Answer to any Interrogatory or sub-part thereof is "unknown" or any similar phrase or answer, describe in detail all efforts made to obtain information that would pertain to the Interrogatory or sub-part thereof.

7. "You" and "your" when used herein shall refer to the party or parties to whom these Interrogatories are directed, and all persons acting on your behalf, including, but not limited to, attorneys and their associates, investigators, employees, agents, and other representatives.

8. "Person" shall mean any natural person and/or any entity, including, without limiting the foregoing, all proprietorships, corporations, partnerships, joint ventures, groups, associations or organizations, or other legal or business entity.

9. "Document" or "Documents" shall mean all written, printed, typed, drawn, reported, recorded, graphic, or photographic matter and sound reproduction of tapes, records, or other devices, of every nature, within the scope of Rules 26 and 34 of the Minnesota Rules of Civil Procedure, however produced or reproduced, now or at any time, in your possession, custody, or control, and any drafts, copies, or reproductions of the foregoing items and copies or reproductions of the foregoing upon which notations in writing have been made which do not appear on the originals. The term "Document" or "Documents" also includes all electronically stored information (E.S.I.).

10. "Expert" shall mean any person whom you claim or may claim possesses a special skill or knowledge derived from his or her experience and who is qualified or whom you claim or will claim is qualified to have an opinion or to state a conclusion concerning any matter at issue in this litigation or who you claim or may claim is capable of aiding the jury in determining the facts.

11. The terms "Identify" or "Identity," "Identification," "Describe" or "Description:"

a. When used in reference to an individual shall mean to state his or her full name, present or last known residence, business or official affiliation, and business address;
b. When used in reference to a firm, partnership, incorporated or unincorporated association or other legal or commercial entity, shall mean to state the entity's full name and trade name, if any, the state in which it is incorporated or otherwise registered by law or organized, the address and telephone number of its principal place of business, and the names and titles of those officers, directors, managing agents or other employees who have knowledge of the matters involved in the Interrogatory and its nature; and
c. When used in reference to a document shall mean its date of preparation, author, addressee(s) or other intended recipient, subject matter, type of document (e.g., letter, memorandum, inventory lists, notes, telegram, contract, charts, etc.), its title, hearing, or other designation, a summary of its content or other means of identifying it, and its present location or custodian, or, if any such document or file was, but is no longer in your possession or subject to your control, the disposition that was made of it.
d. When used in reference to a conversation, conference, meeting, or communication shall mean that you shall state the following:

(1) The date and time thereof;
(2) The location at which it occurred;
(3) The identity of all persons participating or attending;
(4) The identity of all documents recording or summarizing or otherwise arising from the conversation, conference, or meeting; and
(5) The method of communication utilized, e.g., telephone, in-person communication, or other means; or if the method of communication was by telephone, specify the caller and the person called.

e. When used in reference to a factual situation, include the persons and documents plus specification of places, dates, exact words used in conversation (or substance of conversation if exact words are not remembered) acts, events, occurrences, etc. State with particularity all facts known which bear upon or are related to the matter which is the subject of the inquiry.
f. When used in reference to the source of information upon which an Answer to an Interrogatory is based, shall mean to identify the person, communication, or documents from whom or which information constituting all or part of the basis of the Answer has been derived.

12. "Events" as used herein means describe with particularity what took place or happened (e.g., all occurrences, acts, or admissions to acts) and when, giving conversations and identification of persons or documents, if appropriate.

INSTRUCTIONS CONCERNING ELECTRONICALLY STORED INFORMATION

If any of the information requested in the following Interrogatories is stored in a computer or any other means of electronic data compilation or storage, provide hard, i.e., printed copies.

ADMONITION

Pursuant to the provisions of the Minnesota Rules of Civil Procedure, the foregoing Interrogatories shall be deemed to be continuing in nature and if information is discovered or comes to your attention after these Interrogatories are answered which would change or supplement the Answers given, demand is hereby made that said information shall be furnished immediately.

INTERROGATORIES

1. Identify each person completing these Interrogatories, including the individual's address, place of employment, and title.

2. Identify all persons who have any knowledge or information about any of the allegations, claims, facts, or other matters asserted in the Complaint, Answer, and either party's discovery responses.

3. For each person identified in response to Interrogatories No. 1 and No. 2, state the following:

a. Describe in detail the knowledge or information possessed by each person identified, and identify the bases or sources from which the knowledge or information has been derived;
b. The identity of all persons to whom the individual has communicated any of the knowledge or information possessed, together with the time, date, place, and circumstances of the communication, and identification of any documents that memorialize the communication.
c. State the full name, present address, occupation, age, present employer, and said present employer's address of each veterinarian, veterinary assistant or technician, or other veterinary personnel who treated, cared for, examined, or otherwise attended to the companion animal during the animal's lifetime. With regard to every such individual, please state:

1) Each date upon which said individual attended to the companion animal;
2) The nature of the treatment or care rendered to the companion animal on each date;
3) The qualifications and area of specialty of each individual;
4) The present address of each individual;
5) The person who

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