Fill and Sign the Litigation Interrogatories Form

Name:_________________________________________________ Address:_______________________________________________ City, State. Zip:_________________________________________ Telephone:_____________________________________________ State Bar Code:_________________________________________ Client:_________________________________________________ IN THE SUPERIOR COURT OF THE STATE OF ARIZONA In and for the County of ___________________ ___________________________________________ CASE NO. ______________________________________, Plaintiff UNIFORM CONTRACT vs. LITIGATION INTERROGATORIES _____________________________________ _, Defendant __________________________________________________________________________________CV12DD Counsel are encouraged to submit these uniform interrogatories by reference to their number simultaneously with submission or non -uniform interrogatories. Instructions For Use A. All information is to be divulged which is in the possession of the individual or corporate party, his attorneys, investigators, agents, employees, or other representatives of the named party. B. When an individual interrogatory calls for an answer which involves more than one part, each part of the answer should clearly set out so that it is understandable. C. When the terms "you", "Plaintiff" or "Defendant" are used, they are meant to include every individual party and include your agents, employees, your attorneys, your accountants, your investigators, anyone else acting on your behalf. Separate answers should be given for each person named as the party, if requested. D. When the term "document" is used, it is meant to include every "writing", "recording" and "photograph" as those terms are defined in Rule 1001, Ariz. R. Evid. E. Where the te rm "contract" is used, it is meant to mean or to include the contract between the parties to this action which is the subject of the pleadings. F. Where the terms "claim" or "claims" are used, they are meant to mean or to include a demand, cause of ac tion or assertion for something due or believed to be due. G. Where the terms "defense" or "defenses" are used, they are meant to mean or to include any justification, excuse, denial or affirmative defense in response to the opposing party's claim. H. Where the term "negotiation(s)" is used, it is meant to mean or to include conversations, discussions, meetings, conferences and other written or verbal exchanges which relate to the contract. General Identification and Background 1. State your full name and state any, and all other names which you have ever used or by which you have ever been known. 2. If you are a business entity: a. State the name you used, or went by, during your involvement in the events that are the subject o f the pleadings; b. State any other names or "d/b/a's" under which you have ever transacted business; c. Are you a corporation? ________ If so, state: (1) The name stated in the current Articles of Incorporation; (2) All the other names used by the corporation during the past 10 years and the dates each was used; (3) The date and place of the incorporation; (4) The address of the principal place of business; and (5) Whether you ar e qualified to do business in Arizona. d. Are you a partnership? ________ If so, state: (1) The current partnership name; (2) All of the names used by the partnership during the past 10 years and the dates each was used; (3 ) Whether you are a limited partnership and, if so, under the laws of what jurisdiction; (4) The name and address of each general partner; and (5) The address of the principal place of business. e. Are you a joint venture? ________ If so, state: (1) The current joint venture name; (2) All the names used by the past joint venture during the past 10 years and dates each was used; (3) The name and address of each joint ve nturer; and (4) The address of the principal place of business. f. Are you an unincorporated association? ________ If so, state: (1) The current unincorporated association name; (2) All of the names used by the unincorpor ated association in the past 10 years and the dates each was used; and (3) The address of the principal place of business. 3. Have you done business under a fictitious name during the past 10 years? ________ If so, for each fictitious name, state: a. The name; b. The date each was used; c. The state and county of each fictitious name and filing; and d. The address of the principal place of business. 4. During the past 5 years has any public entity registered or licensed your businesses? ________ If so, for each license or registration: a. Identify the license or registration; b. State the name of the public entity; and c. S tate the date of the issuance and expiration. 5. State whether you have ever been convicted of a felony. If so, please provide the following information: a. The original charge made against you. b. The charge of which you were convicte d. c. Did you plead to the charge or were you convicted after the trial? d. The court and cause (or case) number. 6. State whether you have been a party to a civil lawsuit. If so, please provide the following information: a. Were you the plaintiff or the defendant? b. What was the nature of the Plaintiff's claim? c. The date, the location, and title of the court in which the action was commenced. d. The names of all the parties other than your self involved in the action. 7. Do you have liability insurance, or are you aware of any other form of indemnity or bond, through which you were or might be insured in any manner for the damages, claims, or actions that are the subject of the pleadin gs? ________ If you answered "Yes", please provide the following information for each policy: a. The kind of insurance, indemnity or bond; b. The name of the company or companies, including any excess or umbrella carriers, which you claim pro vide coverage; c. The policy number or policies numbers of any applicable policy; d. The limit or limits of liability of each policy. e. The named insured of each policy; f. Whether the insurance carrier has accepted or denied coverage. g. Whether you are being defended by the insurance carrier under a reservation of rights. 8. State the name, address and telephone number of all employees and/or agents in volved in the transactions and events which are the subject of the pleadings. 9. Identify all persons responsible for furnishing any materials or information used to complete the disclosure statement required by Rule 26.1 Ariz.R.Civ.P. 10. Stat e the name, address and telephone number of all persons who you believe may have knowledge or relevant information concerning each claim or defense disclosed pursuant to Rule 26.1, Ariz.R.Civ.P. If you have disclosed multiple claims or multiple defenses, s tate the claim(s) or defenses(s) you believe the person has information or knowledge about. 11. Identify and list each document you believe may be relevant to each separate claim or defense disclosed pursuant to Rule 26.1, Ariz.R.Civ.P. If you disclo sed multiple claims or multiple defenses, state which claim(s) or defense(s) you believe the document may be relevant to. As to each of the documents identified, please provide the following: a. The location of the documents. b. The name, address, and telephone number of the individual with the custody or control over the documents. Contract Matter 12. Do you contend that you did not enter the contract which is the subject of these pleadings? ________ If your answer was "Yes", please provide the following: a. Explain in detail the factual support for your position, identifying all documents you believe may be relevant to this issue and identifying the name, addresses, and telephone number of all persons you believe to have knowledge or information relating to your position. b. Describe in detail the factual support for any contention of lack of contract formation, identifying all documents you believe may be relevant to this issue, and identifying the name, address, and telephone number of all persons you believe have knowledge or information relating to your position. 13. With respect to the negotiations leading to the formation of the contract, identify the name, address, and telephone numbe r of all persons involved in those negotiations, and identify all documents that relate to, or were part of, directly or indirectly, the negotiations. 14. If you claim that the contract is an oral contract, please state what you believe to be the ter ms and provisions of the contract in detail and state the name, address and telephone number of all persons you believe have knowledge or information relating to the terms or provisions or the oral contract. 15. Do you contend there was a breach of t he contract(s) which is (are) the subject of the pleadings? ________ If so, for each breach, describe and give the date of every act or omission that you claim is a breach of the contract. 16. Do you contend there was a failure to pay money or a debt when due? ________ If so, for each contention of monies or debt being due, describe and specifically identify the monies or amounts due, including the principal amount, the interest, and any ot her charges in your description. 17. Provide a detailed computation and/or disclosure of the amount you allege you are owed, and/or the contract performance or benefit you believe you are entitled to, and which you have not been provided. Identify all documents that support your calculation and/or disclosure and state the name of the person who has custody and control over the documents. 18. Do you contend that you are entitled to an award of attorneys' fees in this matter? ________ If so, pleas e identify each and every basis upon which you believe you are entitled to attorneys' fees (i.e. statute, contract, or otherwise). 19. Is any contract alleged in the pleadings ambiguous? ________ If so, identify each ambiguous contract, specifically identifying ambiguous term or provision, and state why it is ambiguous, and identify all documents that support your contention of ambiguity. 20. For each contract alleged in the pleadings: a. Identify all documents that are part of the contra ct and for each state the name, address, and telephone number of each person who has the document; b. State each part of the contract not in writing, the name, address, and telephone number of each person agreeing to that provision and the date th e part of the contract was made; c. Identify all documents that evidence each part of the contract not in writing and for each state the name, address and telephone number of each person who has the document; d. Identify all documents t hat are part of each modification to the contract, and for each state the name, address, and telephone number of each person who has the document; e. State each modification not in writing, the date, and the name, address and telephone number of each person agreeing to the modification, and the date the modification was made; and f. Identify all documents that evidence each modification of the contract not in writing and for each state the name, address, and telephone number of each person who has the document. 21. Was performance of any contract alleged in the pleadings excused or discharged? ________ If so, identify each contract excused or discharged and state why performance was excused or discharged. 22. Was any contract alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? ________ If so, identify each contract terminated and state why it was terminated including dates. 23. Is any contract alleged in the pleadings unenforceable? ________ If so, identify each unenforceable contract and state why it is unenforceable.