Sample Discovery Requests

• Pages: 135-253

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CHAPTER VIII

SAMPLE DISCOVERY REQUESTS

A. General Definitions and Instructions

Definitions, if fair, can help to shorten interrogatories and provide a

common basis for both plaintiff and defendant to gather responsive

information. If a definition is overly inclusive, or burdensome, it may be

subject to objection. When a party answers an interrogatory but objects

to the definition of a word or phrase used in the interrogatory, the answer

may not contain all information sought. Discussions between counsel on

the significance of an objection to a definition should take place before a

Rule 37 motion is filed.

1.

“you” or “your”

The person or entity to whom these interrogatories are addressed;

its officers, directors, agents and employees; or any merged,

consolidated, or acquired predecessor or successor, parent, subsidiary,

division, or affiliate; or any person acting on your behalf; or any person

within a “controlled group of corporations” of which you are a member;

2.

“person”

Any individual, corporation, partnership, joint venture, firm,

association, proprietorship, agency, board, authority, commission, or

other such entity;

3.

“communicate” or “communication”

Every manner or means of disclosure, transfer, or exchange, and

every disclosure, transfer, or exchange of information whether orally or

by document or whether face-to-face, by telephone, mail, personal

delivery, or otherwise;

4.

“document”

Any original written, typewritten, handwritten, printed, or recorded

material, as well as all tapes, disks, nonduplicate copies and transcripts

thereof, now or at any time in your possession, custody, or control; and,

without limiting the generality of the foregoing definition, but for the

136 Antitrust Discovery Handbook

purposes of illustration only, “document” includes notes,

correspondence, memoranda, business records, diaries, calendars,

address and telephone records, photographs, tape recordings, financial

statements, and records.

Without limitation of the term “control” as used in the preceding

sentence, a document is deemed to be in your control if you have the

right to secure the document or a copy thereof from another person or

public or private entity having actual possession thereof.

If a document is responsive to a request for identification or

production and is in your control, but is not in your possession or

custody, identify the person with possession or custody.

If any document was, but is no longer, in your possession or subject

to your control, state what disposition was made of it, by whom, and the

date or dates or approximate date or dates on which such disposition was

made, and why;

5.

“meeting”

Any assembly, convocation, or encounter, or contemporaneous

presence of two or more persons for any purpose, whether or not

planned, arranged, or scheduled in advance;

6.

“policy”

Any rule, procedure, directive, practice, or course of conduct,

whether formal or informal, written or unwritten, recorded or

unrecorded, which was recognized by you;

7.

“competitor”

Any person whom you considered, viewed, or recognized as being

in competition with you relating to the manufacture, distribution, or sale

of [product];

8.

“customer”

any person purchasing or receiving [product] directly from you;

9.

“affiliate”

Any person in whom you or your parent or subsidiary have an

ownership interest, legal or equitable;

Sample Discovery Requests 137

10.

“subsidiary”

Any person in which you own majority interest or over which you

have control of corporate policy decisions;

11.

“controlled group” or “controlled group of corporations”

Shall have the meaning ascribed to such phrase by Section 1563 of

the Internal Revenue Code, all of which is incorporated herein by

reference;

12.

“predecessor”

Any person, as defined herein, through which you previously

transacted business;

13.

“successor”

Any person who has succeeded to your interest in any business or

property (real or personal);

14.

“identify”

a. as to a person (as defined): name, business and residence

address(es), occupation, job title, and dates so employed; and, if not

an individual, state the type of entity and the address of its principal

place of business;

b. as to a document: the type of document (letter, memo, etc.), the

identity of the author or originator, the date authored or originated,

the identity of each person to whom the original or copy was

addressed or delivered, the identity of such person known or

reasonably believed by you to have present possession, custody, or

control thereof, and a brief description of the subject matter thereof,

all with sufficient particularity to request its production under

Federal Rule of Civil Procedure 34.

c. as to a communication: the date of the communication, the type of

communication (telephone conversation, meeting, etc.), the place

where the communication took place, the identity of the person

who made the communication, the identity of each person present

when it was made, and the subject matter discussed;