Fill and Sign the Discovery Petitioners First Set of Interrogatories to Respondent Minnesota Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, PETITIONER’S FIRST SET OF INTERROGATORIES AND TO RESPONDENT , Respondent, TO: ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ YOU WILL PLEASE TAKE NOTICE that the undersigned, as attorneys for petitioner herein, demand respondent answer in writing, under oath, fully and completely pursuant to Rule 33 of the Minnesota Rules of Civil Procedure for the District Courts, the following Interrogatories and that the answers be signed by the person making them and that they be served upon the undersigned counsel within forty-five (45) days after service of these interrogatories. INSTRUCTIONS: In answering these Interrogatories, furnish all information, which is available to you, including information in the possession of your attorneys or investigators, for you or your attorneys, and not merely such information as may be known of your own personal knowledge. If you cannot answer the following interrogatories in full after exercising due diligence to secure the information to do so, state the answer to the extent possible, specifying your inability to answer the remainder, stating whatever information or knowledge you have concerning the unanswered portion. These interrogatories shall be deemed to be - 1 - continuing until, and during the course of trial. Information sought by these interrogatories that you obtain after you serve your answers must be disclosed by a supplementary answer. It is demanded that the interrogatory precede its answer as required by Rule 33.01(4) of the Minnesota Rules of Civil Procedure. Pursuant to Rule 34 of the Minnesota Rules of Civil Procedure, please attach as exhibits all documents which have been prepared in connection with this proceeding or upon which you may expect witnesses to rely, or such other documents as may be requested in the accompanying Request for Production of Documents. - 2 - 1. Regarding all real estate in which you have individually or in a corporate capacity or claim an ownership interest, including leases, time sharing arrangements or contracts for deed: (a) Provide the legal description of each such parcel of real estate and the nature and extent of your ownership interest therein; (b) State the method by which you acquired your ownership interest in such real estate, the date of acquisition, the cost, if any, of such acquisition, and your basis therein for tax purposes; (c) Describe any mortgage or other encumbrance upon any such real estate, giving the name of the holder of the mortgage or other encumbrance, terms of such mortgage or other encumbrance, the balance presently due thereon; and the amount, if any, of any default in the repayment of such mortgage or other encumbrance currently in existence; 2. Provide name and principal business address of each and every closely held corporation in which you have an ownership interest and provide: (a) The date of formation of the corporation and the amount of capital contributed by each of the original shareholders; (b) The name and address of each of the present sharehold ers of the corpora tion and the number of shares owned by each of the present shareholders of the corporation; (c) The percentage of net profit distributed to each shareholder during each of the last five (5) years or, if not expressed in percentage, the method by which each shareholder's distributive share of the profit or dividend has been determined; if an S Corporation, the amount of distributed and undistributed earnings for each year. (d) State the name or names of shareholder(s) receiving loans from the corporation, the - 3 - amount of such loans, the date(s) on which such loans were made, and the terms and conditions of repayment. (e) A description of all transactions involving the transfer of corporate stock within the last five (5) years, including the name and address of each person or entity involved in the conveyance of such stock, the type of stock conveyed, the number of shares of each type of stock conveyed, the type of transaction, the consideration involved in each transaction, the value of the stock conveyed. 3. With respect to each general or limited partnership in which the respondent has an interest, please state the following: (a) The name and address of each such general or limited partnership; (b) The respondent's percentage of ownership in each general or limited partnership; (c) A description of each and every asset owned by each such partnership, including but not limited to the street address and legal description of each parcel of real estate owned or lease by said partnership; (d) The present balance of any encumbrance on any of the assets listed in response to subparagraph (c) above; (e) The date the respondent acquired his interest in said partnership and, if acquired in more than one transaction, the date and percentage interest acquired in each transaction; (f) The name, address, and percentage of ownership of every other partner or associate in each partnership in which Respondent has an ownership interest. (g) A description of all transactions involving the transfer of corporate stock, partnership interests within the last five (5) years, including the name and address of - 4 - each person or entity involved in the conveyance of such stock, the type of stock conveyed, the number of shares of each type of stock conveyed, the type of transaction, the consideration involved in each transaction, the value of the stock conveyed. 4. For each account in a bank, savings and loan association, or other financial institution upon which you both as a corporate officer and an individual are or were, at any time during the past five years, authorized to draw funds, state the name and location of the bank or other financial institution, the type of account, the account number; whether such account was or is owned entirely by you or jointly with another person or entity, the name of any other person or entity having an interest in said account, and, if said account was closed, the date upon which said account was closed and the balance immediately prior to the closing or, if said account was not closed, the present balance of said account. 5. For each escrow account or savings account in a bank, savings and loan association, or other financial institution, into which you are or were at any time during the past five years authorized to deposit funds, state the name and location of the bank or other financial institution, the type of account, the account number; whether such account was or is owned entirely by you or jointly with another person, the name of any other person having an interest in said account, and, if said account was closed, the date upon which said account was closed and the balance immediately prior to the closing or, if said account was not closed, the present balance of said account. 6. Identify any and all shares of stock, bonds, or other securities that you own in your own name, jointly with another, as a member of an investment group, or that are held in trust for you by any other person or business entity, not already identified in answers to the foregoing Interrogatories, specifying, for each such investment: - 5 - (a) The name of the company or institution issuing stocks, bonds, or other securities. (b) The number of shares owned by you. (c) The value of each share, bond, or security as of the date of your answers to these interrogatories. (d) The date of maturity and value at date of maturity of any bonds owned by you. (e) Whether any are jointly owned with any other individual or business association. 7. For each policy of life insurance in which you have an interest as owner, beneficiary, or insured, state the name of the insurer, the type of policy, policy number, the amount of insurance, the present cash value of the policy, and the owner and the beneficiary. 8. List your present indebtedness, setting forth for each debt: (a) The name of the creditor; (b) Whether the account is solely in your name or a joint obligation with any other party and, if joint, the names and address of any other obliges; (c) The nature of the indebtedness, and the purpose for which it was incurred; (d) The original date and amount of the indebtedness; (e) The present balance due; (f) The terms of repayment; (g) The nature of the collateral, if any. 9. For any real estate listed for sale provide: (a) Name of listing agent; (b) Copy of listing agreements. - 6 - 10. List all personal property owned by you individually or with another person that is not covered in these Interrogatories having a value in excess of $5,000. 11. List all pension plans, I.R.A., keough, deferred compensation plans and profit sharing plans that you own. 12. Provide a list of all sales or transfers of any property owned by you or which you have an ownership interest, in which the proceeds received were $25,000 or greater. 13. Describe the accounting system utilized by each entity, including identifying modules performed manually, modules performed on a personal computer, modules performed on a computer system operated by an owned entity, modules performed on a computer system operated by a service bureau or some other unrelated entity, and the word processing hardware and software. For the modules performed manually, describe the accounting process of recording and posting daily, weekly monthly, and annual transactions and identify the journals, ledgers, and schedules that comprise the general ledger and financial statements. Also identify all of the individuals performing the accounting functions and duties and their individual responsibilities. For the modules performed on a computer system operated by an owned entity, identify the hardware environment and the software environment. Also identify all of the individuals performing the computer related functions and duties and their individual responsibilities. Describe the accounting process of recording and posting daily, weekly, monthly, and annual transactions and identify the various daily screens the on-line sort routines, and all output documents including, but not limited to, invoice registers, accounts receivable trial - 7 - balances, check registers, payroll registers, accounts payable trial balances, department operating budget to actual reports, the journals, journal entry register, general ledger, etc. For the modules performed on personal computers, identify the type of computer, the operating system, and the application software. Identify the individuals that operated and input the personal computers and their duties and responsibilities. Describe the accounting process of recording and posting daily, weekly, monthly, and annual transactions and identify the various display screens, the on-line sort routines, and all output documents including, but not limited to, invoice registers, payroll registers, accounts payable trial balances, department operating budget to actual reports, the journals, journal entry register, general ledger, etc. List all files currently retained on disc or tape. For the modules performed on a computer system operated by a service bureau or some other unrelated entity, identify the hardware environment and the software environment. Identify the contact persons at the service bureau or other entity. Describe the process of recording and posting daily, weekly, monthly, and annual transactions and identify the various display screens, the on-line sort routines, and all output documents including but not limited to, invoice registers, accounts receivable trial balances, check registers, payroll registers, accounts payable trial balances, department operating budget to actual reports, the journals, journal entry register, general ledger, etc. Also identify the work processing software used by the executives and their secretaries. Provide a printout of the directories of their word processing disks. YOU ARE HEREBY PLACED ON NOTICE that the foregoing Interrogatories are to be - 8 - considered continuing and you are required to give the undersigned timely notice of any changes or additions to your answers hereto continuing until the time of trial. DATED: ____________ _______________________________ __________________ Attorney for Petitioner #1 Address #2 Address City, State Zip Telephone ( ____ ) __________ Attorney Reg. No.: ______ - 9 -