What should I be including in a defendant's initial disclosures in credit card lawsuit?

Bankruptcy 8 views 2 answers
The court has set dates for disclosures and discovery. The plaintiff's counsel has submitted their initial disclosures of "individuals with discoverable information and "May" call fact witnesses", as well as "Discoverable documents, data compilations, etc.." with no backup of any documentation yet, but have left themselves open to add supplemental information as it becomes available. What kinds of things should I be requesting on the defendant's side of the disclosures?

Attorney Answers

2
Thomas John CestaBankruptcy AttorneyMesa, AZ ·
Include any witnesses or evidence you intend to use at trial. At the very least, you are likely to testify on your own behalf. Disclose yourself. And if you are intending on using your cancelled checks to show payment, disclose those. But with evidence, you must also give them a copy. As a catch-all, I would also suggest that you state that you will also use any witnesses or evidence disclosed by any other party, whether or not later delisted.
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Conrad H JohansenConstruction / Development LawyerSalt Lake City, UT ·
The rules regarding disclosures in Utah were recently changed. If your lawsuit was commenced prior to November 1, 2011, the old rules apply, and if your lawsuit was commenced on or after November 1, 2011, then the new rules apply. I will send you a link to both rules so that you can review the requirements. You should review Rule 26(a)(1) for the disclosure requirements. Not knowing what defenses you might have to the claims, I am not able to recommend or suggest specific things that you would include in your disclosures. However, generally it will include documents and the identity of witnesses that you may use to tell your side of the story.
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