Fill and Sign the Discovery Plaintiffs 2nd Set of Post Judgment Interrogatories and Requests for Production Minnesota Form

PLAINTIFF'S SECOND SET OF POST-JUDGMENT INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO: _______________ Plaintiff’s, _________________ request that the Defendant and Judgment Debtor, _______________ , answer the following interrogatories under oath within thirty days pursuant to Rule 33 and Rule 26 of the Minnesota Rules of Civil Procedure, typing the answers in the space provided, or if necessary, on a separately attached page, indicating to which Interrogatory each answer refers. In addition, Plaintiffs request that Defendant produce for inspection and copying in accordance with Rule 35 and Rule 69 of the Minnesota Rules of Civil Procedure at the offices of Law Firm ., on or before the thirtieth day after service of these requests, all items requested below, or at such other time and place as the parties may mutually agree. These discovery requests are governed by the following instructions and definitions: INSTRUCTION CONCERNING INTERROGATORIES AND REQUESTS FOR PRODUCTION Each interrogatory is addressed to the personal knowledge and information of the defendant as well as the knowledge and information of his attorneys, investigators, agents, employees, or other representatives. These interrogatories and request for production are to be deemed to have continuing effect, so that if, after answers or supplemental answers are served and filed, further facts or information concerning the subject of any of the interrogatories or requests for production should come to the knowledge or information or come into the possession of the defendant, such additional data will be promptly supplied as required by Rule 26.05 of the Minnesota Rules of Civil Procedure. Any additional document described in this request which comes into the possession, custody, or control of the defendant after the date of the inspection shall also be promptly furnished to the undersigned attorneys. A. Interrogatories In answering these interrogatories, the defendant is required to set out each responsive fact, circumstance, act, omission, or course of conduct known to the defendant about which he has or had information. If the defendant is unable to answer any Interrogatory completely, the defendant - 1 - should so state, and to the extent possible, set forth the reasons for the inability to answer more fully, stating whatever knowledge or information he or she does have concerning the unanswered portion. B. Requests for Production Please take notice that the defendant has 30 days from the date of service of this request to serve a written response. Such response should state, with respect to each item or category of items requested, that inspection and copying will be permitted as requested or, if there is any objection to such inspection and copying, the response should state with particularity the reasons for objection with respect to each item or category objected to. If objection is made to part of any item or category, that part should be specified. In the event that the defendant contends that any document is privileged or otherwise not subject to production and the inspection, the defendant is requested to identify in the written response each such document by date, author, addressee, and general subject matter and to identify all persons who received any copy thereof or otherwise obtained access thereto. Also, the defendant is requested to state the basis for the assertion of privilege or other grounds for exclusion with respect to each document claimed to be privileged or otherwise not subject to production. "Possession, custody, or control" includes actual and constructive possession. Any document which is not in the defendant's immediate physical possession, but to which the defendant has a right to compel or secure production from a third persons or which is otherwise subject to your control, shall be obtained and produced as directed. The documents shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond with the categories in this request. The selection of documents from files and other sources shall be performed in such a manner as to ensure that the file or other source from which the defendant is obtained may be identified. - 2 - DEFINITIONS Unless conclusively negated by the contest of the question, the following are to be considered applicable to all discovery requests contained in this pleading. 1. The terms "you,” "your," or "Defendant" refers to __________________ , to whom these Interrogatories are addressed; his current and former servants, associates, investigators, representatives, successors, assigns, employees, officers, directors, agents, experts, corporate subsidiaries, and parents and attorneys, and all parties associated or acting or purporting to act on behalf of or in concert with the Defendant. 2. The singular number and the masculine gender as used herein shall embrace, and be read and applied as, the plural or the feminine or neuter, as circumstances may make appropriate. 3. The word "person" as used herein shall be deemed to mean, in the plural as in the singular, any natural person, corporation, firm, association, partnership, joint venture, or other form of legal or official entity, as the case may be. 4. Whenever an Interrogatory elicits the name of a person if it is claimed one or more other persons are affected by reason of an agency relationship between named person and the other person or persons, state such fact, and also identify each such other person. 5. As used in these Interrogatories, the word "identify" when used in connection with the natural person means to state: a. his/her full name; b. his/her present or last known residence and business address; c. The telephone number of his/her residence and his/her business telephone number; and d. his/her occupation. - 3 - 6. As used in these Interrogatories, the word "identify" when used in reference to a person not a natural person means to state: a. Its full name and specify its nature (e.g., corporation, partnership, etc.); b. Its present or last known principal business address, identified as such, and such other of its business addresses as are known to Defendant or its experts; c. Its business telephone number; and d. The name of the person with whom you have dealt. 7. "Describe in full detail" means set out, with specificity and particularity, every aspect of every fact, circumstance, act, omission, or course of conduct, known to Defendant concerning in any way the matter inquired about, including without limitation, date and place thereof, the identity of each person present thereat, connected therewith, or who has knowledge thereof, including, but not limited to, contracts or agreements resulting therefrom. 8. As used in these Interrogatories, the word "concerning" shall mean comprising, describing, evidencing, relating, referring, or pertaining in any way to any part of a specified subject matter and/or to the contents or subject matter of any documents including the specified subject matter. 9. As used in these Interrogatories, the term "status of home" means to state: a. If owned: If there is a mortgage on home; amount of mortgage at present time; the names of any holders of mortgages thereon; the address of the holder of any mortgage; whether payments are by check or in cash; date of purchase; purchase price; if it was an unimproved lot or if house was located thereon at time of purchase; the amount paid for the unimproved lot if a house was not located thereon at the time of purchase; the fair market value of the lot at the time of purchase if a house was located thereon at the time of purchase. - 4 - b. If rented: Name and address of landlord; amount of rent; name, address and the telephone number of person who pays the rent; if rent paid by cash or check; whether rent is paid to date. 10. As used in these Interrogatories, the term "employment" means to state: a. Terms of an employment contract; amount of salary; compensation other than salary; compensation owed you at this time. b. If your children are employed, the salary derived therefrom. c. Whether you are the sole support of the family; if not, the contribution of each member of the family. 11. As used in these Interrogatories, the term "automobiles and other vehicles" means to state: a. Whether you have an automobile, truck, motorcycle, trailer, aircraft or other vehicle. If so, state what type; whether you own it; you own more than one of each; if so, state the number and type of the vehicles, license numbers, the year of manufacture, and in whose name they are registered. b. Whether any of your employees use an automobile owned by you; whether you have made any payments on an automobile owned by someone other than yourself; if so, state to whom you made the payments; when you made them; the amount paid. 12. As used in these Interrogatories, the term "income tax returns" means to state: a. Whether you have filed federal income tax returns for the years Year through the present. - 5 - b. If so, for each year state: Source and amount of each item of income listed; address of I.R.S. office where filed and date of filing; total income received; gross income; total deductions and total tax paid. c. Also state: Amounts of income received but not shown on any tax returns; sources of other income not shown on tax returns; date of receipt of income not shown on tax returns. 13. As used in these interrogatories, the term "books" means to state: a. Nature of any books, records, or memoranda showing receipts and disbursements; if on cash or accrual basis; when debt arises or bill is produced. b. Nature of any books or written memoranda of income and business affairs; the form kept in; date first kept; name and address of persons or firms who prepared books or are in custody of such; if the books accurately reflect income contained in federal tax returns for each year stated. c. Whether you have destroyed or disposed of any books of account, memoranda or other records relating to your business or income. If so, the date the books or records were disposed of or destroyed; the reasons for disposing of or destroying, the name and address of the person disposing of or destroying. d. Name and address of any accountant you have employed; the period employed; the reasons for employing; services performed. 14. As used in these Interrogatories, the term "patents and copyrights" means if you own any interest in a patent or copyright to state: a. The registry number; description of each patent or copyright. - 6 - b. The name and address of any person sharing an interest with you in the patent or copyright; the percentage of interest owned; the income received annually. 15. As used in these Interrogatories, the term "court actions" means to state: a. Whether you are a plaintiff or a defendant in any current action. b. Whether there are any judgments of record against you: If so, the date of each judgment; the amount and how much remains unpaid; the name of the judgment creditor; the court where judgment was rendered. 16. As used in these Interrogatories, the term "bankruptcy" means to state: a. Whether you have ever filed bankruptcy; if so, state: Date of filing, court where filed; whether or not you received a discharge. b. Whether any receivers have ever been appointed by any court for your property. c. Any outstanding executions, orders, subpoenas, garnishments, garnishee executions or orders for payment of money, in supplementary proceedings under any judgment against you, other than the one in issue here. 17. As used in these Interrogatories, the term "liabilities and expenses" means to state: a. Whether you have assigned any cause of action, judgment, insurance policy, disability payment, wages, or income to any person or firm. b. Your average monthly expenses and how they are met. c. Any payment you make to creditors; if you personally employ a lawyer; how he is paid and by whom. d. The total amount of your liabilities; names and addresses of your creditors. - 7 - e. Any articles you purchased or are buying on an installment plan; amounts unpaid and the method by which payments are being made. 18. As used in these interrogatories, the term "insurance" means to state: a. The type of policies you own, the policy amount of each, the name and address of the insurer, the beneficiaries named, and whether you have ever borrowed money against them. 19. As used in these Interrogatories, the term "bank accounts" means to state: a. Name and location of bank; name accounts listed under and any names other than your own under which account is listed. b. Type of account (savings or checking); balance as of this date; authorized signatures; whether anyone else draws on the account. c. If you have access to a safe deposit box, where it is located and what it contains; if you have no safe deposit box, when you last had one and its location, and describe the contents. d. If you have the power of attorney or other authority to sign checks, or other instruments, for the payment of money on any bank account; if so, give name and location of bank; name of the individual or company who gave you such power of attorney or authority. e. If money earned by you or belonging to you has been deposited in any bank account not listed above; if so, give name of account; account number; name and address of bank; authorized signatures; and present balance. f. If you have any accounts in any bank or other institution which you are holding in trust for anyone; if so, give name and address of institution; date - 8 - opened; account number; names opened under; source of deposit; name and address and relationship to you of each person with an interest in the account. g. If any of the contents of depository have been removed during the last four years; if so, state: Description of each item removed; date of removal; reason for removal; name and address of person removing; name and address of person or firm to whom contents were conveyed. 20. As used in these Interrogatories, the term "trusts, inheritances, and wills" means to state: a. If you have any interest in the estate of a deceased person and if so, what monetary amount; b. If you are the beneficiary of any trust, will, or insurance policy and if so, what monetary amount; c. If you have inherited any money or property, real or personal, and, if so, what monetary amount. d. If you have made a will. e. If you have created or contributed to any trust for the benefit of others in the last four years. If so, state: Date of creation of trust; description and value of items contributed; amount of money contributed; name and address of trustees; for each beneficiary, state their name and address and relationship to each other beneficiary and to you. 21. As used in these Interrogatories, the term "loans" means to state: - 9 - a. Name of institution and amount applied for and received; purpose of the loan; application's acceptance or refusal; whether you presented a corporate or personal financial statement. b. Whether you have acted as a co-maker, endorser, or guarantor on any loan in the past six years. c. Whether you issued or furnished any financial statement in the past six years; if so, to whom and when and give the purpose of the financial statement; 22. As used in these Interrogatories, the term "outstanding monies and accounts receivable" means to state: a. Whether you are entitled to any money from any city, state, or federal government agency, or department thereof. b. Whether anyone owes you money; name of debtor, amount owed and overdue. c. Accounts receivable from other persons or firms. d. Whether you have assigned or otherwise disposed of, other than by collection, any accounts receivable in the last four years. If so, state: Name of each account; date of assignment; name and address of assignee; amount of reserve due you; extent to which future accounts receivable are covered; amount of consideration received. 23. As used in these Interrogatories, the term "stocks, bonds, and securities" means to state: - 10 - a. Whether you or any members of your family are or have been stockholders and/or bondholders. b. If so, give name of such person; name of company in which he or she owns or owned stock and/or bonds; date of stock and/or bond acquisition; manner in which stock and/or bonds were acquired. c. If no longer a stockholder or bondholder, give date you or any member of your family ceased being a stockholder or bondholder; purchase price of stock and/or bond; if sold, give selling price. d. If stock and/or bond was a gift, state from whom it was acquired; date of acquisition; type of gift; if person still owns it; if not still owned, state date sold and person to whom it was sold and selling price. e. Whether you are an officer, director, bondholder, or stockholder of any corporation other than previously mentioned. f. Whether you are or have been or any member of your family are or have been proprietors, part owners, stockholders, bondholders, directors, or officers of any business. g. If so, state the name of such person and the name of the business; the date such person became proprietor, part owner, stockholder, director or officer of any business; the details of how such person became such; the date such person ceased being such. 24. As used in these Interrogatories, the term "dispositions" means to state: a. Whether you have conveyed or disposed of any real property, either by sale, gift, or otherwise in the last four years. - 11 - b. If so, state: Description of each item disposed of; date of disposition; name and address of person receiving; manner of disposition; consideration received. c. Whether you have made any conveyances, transfers, gifts, or other dispositions of property within the last four years with any reservation of rights, benefits, or options running to you for the reacquisition of the property at some future date; if so, state: Description of property conveyed; date of conveyance; name and address of transferee and nature of reservation, benefit, or option reserved. d. Whether you have assigned anything or chose in action in the last four years; if so, state: Description of items assigned; date of assignment; name and address of assignee; consideration received. e. Whether you have sold, transferred, or assigned, in bulk, all or a substantial part of your stock in trade or trade fixtures in the last four years. If so, state: Type or nature of business sold; date of transaction; name and address of transferee; amount of consideration received; location of any recording of any newspaper publishing notice of such sale or transfer; description of each item disposed of. f. Whether you have entered into any transaction with any relative involving any transfer, conveyance, assignment, or other disposition of any of your real or personal property in the past four years. If so, for each item of property involved in the transaction, state: Description; date of transaction; - 12 - consideration received; name and address of family member or relative involved. g. Whether you have transferred any of your real or personal property to any other person in consideration of future support in the last four years. If so, for each item of property transferred, state: Description; date of transfer; name and address of transferee. h. Whether you have been a party to any contract or any other agreement whereby you created an option to anyone to purchase any or all of your assets in the past four years. If so, state: Date of agreement; location where agreement was made; name and address of person furnishing consideration; description of property covered by the agreement; description of terms of the agreement. 25. As used in these Interrogatories, the term "financial interests" means to state: a. If you or any member of your immediate family owns or has any interest in any of the following: (i) Real estate; (ii) Stocks, bonds, mutual funds, IRAs, or other securities; (iii) Mortgages or other encumbrances on real or personal property; (iv) Promissory notes, drafts, bills of exchange, or other commercial paper; (v) Judgments; (vi) War bonds, defense bonds, or savings bonds; (vii) Oil and gas or other mineral leases; (viii) Receipt of any royalty payments from any lease of oil and gas; - 13 - (ix) Receipt of any production payments from any mineral lease; (x) Receipt of any delay rental payments from any leases; (xi) Ownership of any type boat, trailer or motorhome. If so, state what type and whether encumbered; (xii) Ownership of any patents, trademarks, trade names, or copyrights; (xiii) Ownership of any warehouse receipts, bills of lading, or other documents of title. (xiv) Ownership in part or in whole of any real property. b. If so, as to each item state: When you acquired such interest, its monthly and/or annual income and its present market value; if you sold such interest, state when; the purchase and sale price of such interest; if you gave your interest as a gift to someone, who the recipient was and when they received it. 26. As used in these Interrogatories, the term "exemptions" means to state whether you claim that any of the real or personal property owned by you is exempt from the claims of your creditors and if so, the description of each item, the complete address of its location, the amount paid for the property when acquired by you, the present value of the property, and the reason for claimed exemption. 27. As used in these Interrogatories, the term "inventory" means to state: a. Whether you have taken an inventory of your personal or business property at any time within the past four years. - 14 - b. If so, state: Date of inventory, name and address of person supervising or taking inventory; name and address of each person having a copy of inventory. c. Also state: Total value of property as stated in inventory; means of valuation of inventory; reasons for taking inventory; description of each item of property included in inventory. 28. As used in these Interrogatories, the term "pension, retirement, and profit-sharing plans" means to state whether you have an interest in any pension plan, retirement fund, or profit-sharing plan and if so, the name and address of the administrator of the plan, the present value of your interest in the plan, the nature of the plan, and a description of terms under which you may receive money or property pursuant to the plan. INTERROGATORIES INTERROGATORY NO. 1 : Describe in full detail and identify as required all matters concerning your automobiles and other vehicles (Definition 11). ANSWER : REQUEST FOR PRODUCTION NO. 1 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : - 15 - INTERROGATORY NO. 2 : Describe in full detail and identify as required all matters concerning your income tax returns (Definition 12). ANSWER : REQUEST FOR PRODUCTION NO. 2 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 3 : Describe in full detail and identify as required all matters concerning your books (Definition 13). ANSWER : REQUEST FOR PRODUCTION NO. 3 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory and identified or listed by you in response thereto as required by the definitions contained in the instruction section of this document. ANSWER : - 16 - INTERROGATORY NO. 4 : Describe in full detail and identify as required all matters concerning your interest in any patents and copyrights (Definition 14). ANSWER : REQUEST FOR PRODUCTION NO. 4 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 5 : Identify all real estate that you own or in which you have an interest by stating the complete address of each, whether it is mortgaged or otherwise encumbered, the full name, complete address and telephone number of each holder of the mortgage or encumbrance, the present balance of each mortgage, the monthly payment you must make on each piece of real estate and property, the address to which each mortgage payment is sent, the full name, address, and amount of each escrow - 17 - account maintained in connection with each mortgage, and the complete street address of the property that you claim as homestead. ANSWER : REQUEST FOR PRODUCTION NO. 5 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 6 : Describe in full detail and identify as required all matters concerning your court actions (Definition 15). ANSWER : - 18 - REQUEST FOR PRODUCTION NO. 6: Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 7 : Describe in full detail and identify as required all matters concerning your liabilities and expenses (Definition 17). ANSWER : REQUEST FOR PRODUCTION NO. 7 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : - 19 - INTERROGATORY NO. 8 : Describe in full detail and identify as required all matters concerning your insurance (Definition 18). ANSWER : REQUEST FOR PRODUCTION NO. 8 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 9 : Describe in full detail and identify as required all matters concerning your bank accounts (Definition 19). ANSWER : - 20 - REQUEST FOR PRODUCTION NO. 9 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 10 : Describe in full detail and identify as required all matters concerning your loans (Definition 21). ANSWER : REQUEST FOR PRODUCTION NO. 10 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : - 21 - INTERROGATORY NO. 11 : Describe in full detail and identify as required all matters concerning your outstanding monies and accounts receivable (Definition 22). ANSWER : REQUEST FOR PRODUCTION NO. 11 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 12 : Describe in full detail and identify as required all matters concerning your stocks, bonds, and securities (Definition 23). ANSWER : - 22 - REQUEST FOR PRODUCTION NO. 12 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 13 : Describe in full detail and identify as required all matters concerning your financial interests (Definition 26). ANSWER : REQUEST FOR PRODUCTION NO. 13 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : - 23 - INTERROGATORY NO. 14 : Describe in full detail and identify as required all matters concerning your exemptions (Definition 26). ANSWER : REQUEST FOR PRODUCTION NO. 14 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 15 : Describe in full detail and identify as required all matters concerning your inventory (Definition 27). ANSWER : - 24 - REQUEST FOR PRODUCTION NO. 15 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 16 : Have you transferred any interest in real estate, personal property, or bank accounts to a family member or a third party since Date ? If so, what was transferred and to whom? ANSWER : REQUEST FOR PRODUCTION NO. 16 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : INTERROGATORY NO. 17 : Identify each of your customers. (Definitions 5 and 6). - 25 - ANSWER : REQUEST FOR PRODUCTION NO. 17 : Please produce at the time and place described in the first paragraph on page 1 of this document, above, all writings and documents concerning and relevant to your answer to the foregoing Interrogatory. ANSWER : Respectfully submitted, {Name of Attorney} By:________________________ {Name of Attorney} CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been mailed by certified mail, return receipt requested, to Name_____ , on this the Day day of Month , Year . ______________________________ {Name of Attorney} - 26 - THE STATE OF MINNESOTA ) ) SS. COUNTY OF       ) On this day,       , Defendant, the affiant, appeared in person before me, a Notary Public, who knows the affiant to be the person whose signature appears on this document. According to the affiant's statements under oath, the affiant is a party in this case; the affiant has read these interrogatories and requests for production of documents and the answers are correct according to the affiant's personal knowledge. __________________________________       Dated: Subscribed and sworn to before me this _____ day of ____________, 20___. _______________________________ NOTARY PUBLIC - 27 -