Interrogatories To Defendant Business Owner Dram Shop Case

PLAINTIFF’S 1st SET OF INTERROGATORIES AND REQUEST FOR

PRODUCTION OF DOCUMENTS TO DEFENDANT, [COMPANY NAME]

Plaintiff, ____________, hereby requests that defendant, ____________ [Company], respond, under oath, to the following Interrogatories and Requests within twenty-eight (28) days of the date of service hereof and in conformity with MCR 2.309 and 2.310.

The information available to you shall include all information which is within the possession or knowledge of your agents, employees, attorneys, investigators or insurance carrier(s), or the agents, investigators, officers or employees or such insurance carrier(s). The interrogatories and requests are to be deemed continuing and supplemental answers and are to be timely made by the defendant, or if the defendant, their agents, or attorneys obtain or receive additional information of the nature sought by these interrogatories at any time prior to the trial of this cause.

DEFINITIONS

As used herein, the terms listed below are defined as follows:

1. “Document” means every writing, printing, record, graphic, photographic or sound reproduction of every type and description that has been in your possession, control or custody or of which you have knowledge, including, but not limited to, correspondence, reports, meeting minutes, memoranda, stenographic or handwritten notes, diaries, notebooks, account books, orders, invoices, statements, bills, checks, vouchers, purchase orders, studies, surveys, charts, maps, analyses, publications, books, pamphlets, periodicals, catalogues, brochures, schedules, circulars, bulletins, notices, instructions, manuals, journals, e-mails, e-mail attachments, data sheets, work sheets, statistical compilations, data processing cards, microfilms, computer records (including printouts, disks or other magnetic storage media), tapes, photographs (positive or negative prints), drawings, films, videotapes, pictures, and voice recordings. Plaintiff expressly intends for the term “Document” to include every copy of such writing, etc., when such copy contains any commentary or notation whatsoever that does not appear on the original and any attachments or exhibits to the requested document or any other documents referred to in the requested document or incorporated by reference.

2. “Electronic Data” means the original (or identical duplicate when the original is not available), and any non-identical copies (whether non-identical because of notes made on copies or attached comments, annotations, marks, transmission notations, or highlighting of any kind) of writing of every kind and description whether inscribed by mechanical, facsimile, electronic, magnetic, digital, or other means. Electronic data includes, by way of example only, computer programs (whether private, commercial or work-in-progress), programming notes or instructions, activity listings of electronic mail receipts and/or transmittals, output resulting from the use of any software program, including word processing document, spreadsheets, database files, charts, graphs and outlines, electronic mail, operating systems, source code of all types, peripheral drivers, PIF files, batch files, ASCII files, and any and all miscellaneous files and/or file fragments, regardless of the media on which they reside and regardless of whether said electronic data consists in an active file, deleted file or file fragment. Electronic data includes any and all items stored on computer memories, hard disks, floppy disks, CD-ROMS, removable media such as Zip disks, Jaz cartridges, Bernoulli Boxes and their equivalent, magnetic tapes of all types, microfiche, punched cards, punched tape, computer chips, including, but not limited to, EPROM, PROM, RAM and ROM, on or in any other vehicle for digital data storage and/or transmittal. The term electronic data also includes the file, folder tabs and/or containers and labels appended to, or associated with, any physical storage device associated with each original and/or copy.

   Interrogatories

1. With respect to all lay witnesses you intend to call at the time of trial, list by name and current address and

   1. State the substance of each lay witnesses expected testimony;

   2. Please provide any and all recorded statements;

   3. Please provide a summary of any and all unrecorded statements; and

   4. Please provide the name of each person who gave a...