Legal Responses to Form Rogs

Legal Responses to Form Rogs

This Legal Responses to Form Rogs (the "Responses") is made and delivered as of the date set forth below by and between Client Name: and Responding Party: in the matter styled Case Name: , Court: , Docket No.: . Date of Responses:

RECITALS

WHEREAS, the parties are engaged in litigation or administrative proceedings identified above in which one party has served written interrogatories or form rogatories ("Form Rogs") seeking information, documents, and other discovery; and

WHEREAS, Responding Party has prepared substantive responses and limited objections to those Form Rogs and has produced or will produce documents and information in accordance with the terms set forth in these Responses; and

WHEREAS, the parties wish to set forth the form, scope, and certification of the Responses, and to preserve claims of privilege, work product protection, and confidentiality where appropriate.

NOW THEREFORE

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Definitions

For purposes of these Responses: "Document" means all written, recorded, or graphic material in the possession, custody or control of Responding Party, including electronic data; "Privilege" means any claimed attorney-client privilege, work product protection, or other applicable protection from disclosure.

2. Scope of Responses

2.1 Responding Party furnishes the answers and objections contained in the attached response schedule and any accompanying privilege log. Responses are made subject to the qualifications and objections expressly stated. Responding Party does not concede that any request is relevant, proportional, or permissible and reserves all objections not expressly waived herein.

2.2 These Responses are provided as of the Date of Responses stated above and are based on information reasonably available after diligent inquiry. Responding Party will supplement or amend these Responses if and to the extent additional responsive information or documents are subsequently identified.

3. Form and Manner of Answers

3.1 Each interrogatory response is answered in writing and under oath by the person(s) with knowledge. Electronic documents are produced in reasonably usable electronic format. Where a responsive document is withheld on the basis of privilege or protection, a privilege log will be provided consistent with Section 5.

4. Objections

4.1 Responding Party asserts the following objections where applicable. Checking a box indicates that the specified objection may be asserted with respect to one or more responses or productions. The assertion of an objection does not waive the right to assert additional objections.

5. Privilege Log

5.1 For each document withheld on the basis of privilege or protection, Responding Party will provide a privilege log that identifies, to the extent not protected from disclosure, the document date, author(s), recipient(s), general description of the subject matter, and the specific privilege or protection asserted.

6. Production and Preservation

6.1 Responding Party represents that it has taken reasonable steps to preserve relevant information in the possession, custody, or control of its custodians and systems. Production will be made in the ordinary course of business, subject to redactions required to protect privileged, confidential, or irrelevant material.

7. Specific Responses

7.1 The Responses to each numbered Form Rog are stated below. Each response is designated by interrogatory number, followed by the responsive answer or the stated objection. If a response is provided by reference to a produced document, the production identifier(s) are listed.

8. Confidentiality and Use

8.1 Documents and information produced pursuant to these Responses that are designated confidential shall be used only for the litigation or administrative proceeding identified above and not for any business, competitive, or personal purpose. The parties may agree or the court may order a protective order to govern disclosure and handling of confidential materials.

9. Certification

9.1 The undersigned certifies under penalty of perjury under applicable law that, after reasonable inquiry, the answers contained in these Responses are true and correct to the best of the signing party's knowledge, information, and belief at the time of signing, except as otherwise noted in the responses and objections herein.

10. Notices

10.1 All notices, requests, consents, and other communications required or permitted under these Responses shall be in writing and delivered to the addresses below or to such other address as a party may designate in writing.

11. Amendments; Waiver; Counterparts

11.1 These Responses may be amended or supplemented by Responding Party upon discovery of additional information. No waiver of any provision or right under these Responses shall be effective unless in writing and signed by the party waiving such provision or right. These Responses may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. Governing Law

12.1 These Responses shall be governed by and construed in accordance with the substantive laws of the jurisdiction of the court in which the above-referenced case is pending, without regard to conflict of law principles.

13. Entire Agreement

13.1 These Responses, including any attached schedules or privilege logs, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral, relating thereto.

14. Severability

14.1 If any provision of these Responses is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect and the invalid provision shall be reformed only to the extent necessary to make it enforceable.

Acceptance and Execution

The undersigned representatives of the parties certify that they are duly authorized to execute these Responses on behalf of the party for which they sign and that the statements and answers set forth in these Responses are true and correct to the best of their knowledge and belief.

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