Creates a Legal Pleading

1 STATE OF NORTH CAROLINA File No. ______2 In the General Court of Justice Mecklenburg County District Court Division 3 ) ) 4 JOHN DOE ) ) 5 Plaintiff, ) ) INTERROGATORIES 6 ) vs. ) 7 ) ) 8 PHILLIP DUNCAN ) ) 9 ) Defendant. ) 10 ) ______11 TO: 12 TO: HIS ATTORNEY: 13

14 Under the authority of Rule 33 of the North Carolina Rules of Civil Procedure, 15 Defendant, by and through its attorneys, request that Plaintiff, answer, in writing and under oath, 16

17 within 30 days of receipt hereof, the interrogatories hereinafter set forth. 18 PRELIMINARY STATEMENT 19 20 The following Preliminary Statement and Definitions apply to each of the interrogatories 21 set forth hereinafter and are deemed to be incorporated therein: 22 23 1. The singular number and the masculine gender, as used herein, also mean the 24 plural, feminine or neuter, as may be appropriate. 25 26 2. These interrogatories call for all information (including information contained in

27 writing) as is known or reasonably available to Plaintiff, Plaintiff’s attorneys or any investigators 28

1 1 or representatives or others acting on Plaintiff’s behalf or under Plaintiff’s direction or control, 2 not merely such information as is known to Plaintiff’s own personal knowledge. 3

4 3. If you cannot answer any of these interrogatories in full after exercising due 5 diligence to secure the information to do so, so state and answer the interrogatory to the extent 6 7 possible, specifying your inability to answer the remainder, the reasons therefor, the efforts taken 8 to secure the answers to the unanswered portions, and stating whatever information or 9 10 knowledge you have concerning the unanswered portions, please also identify the persons you 11 believe to have such knowledge, what you believe the correct answer to be and the facts upon 12 13 which you base your answer.

14 4. If you consult any document or person in answering these interrogatories, identify 15 in regard to each such interrogatory the person and/or document consulted. 16

17 5. The term “PERSON” as used herein shall be deemed to mean any natural person, 18 firm, association, partnership, corporation or any other form of legal entity or governmental 19 20 body, unless the context otherwise dictates. 21 6. The term “DOCUMENT” as used in these interrogatories means all written, 22 23 recorded or graphic mates, however produced or reproduced, and includes, but is not limited to, 24 any record, report, paper, writing, book, letter, note, memoranda, correspondence, agreement, 25 26 journal, ledger, summary, minute of meeting, photograph, interoffice communication, telegram, 27 schedule, diary, log, contract, proposal, Telex, cable, tape, transcript, recording, photograph, 28

2 1 picture or film, computer printout, program or data of other graphic, symbolic, recorded or 2 written materials of any nature whatsoever. Any document, as hereinabove defined, which 3

4 contains any comment, notation, addition, insertion or marking of any kind which is part of 5 another document, is to be considered a separate document. 6 7 7. The term “FACT” as used in these interrogatories shall include, without 8 limitation, every matter occurrence, act, event, transaction, occasion, instance, circumstance, 9 10 representation or other happening, by whatever name it is known. 11 8. The term “IDENTITY” or request to “STATE THE IDENTIFY” as used in these 12 13 interrogatories shall call for the following information:

14 A. With respect to a person: 15  His full name; 16

17  His last known business and residence address; 18 19  His last known business and residence telephone numbers; 20  His last known title and capacity; 21 22  His relationship to you, by blood or marriage, including former 23 marriages; and 24 25  Whether any statement pertaining to any matter involved in this 26 litigation, whether written or oral, or by recording device or by court 27 28 reporter, or whether signed or unsigned, has been taken from him, and

3 1 if so, how many such statements, and as to each statement, state the 2 identity thereof. 3

4 B. With respect to each document: 5  Its nature (e.g., letter, memorandum, etc.); 6

7  Its title; 8  The date it bears; 9

10  The date it was sent; 11  The date it was received; 12 13  The identity of all persons who prepared it or participated in any way 14 in its preparation; 15

16  The identity of the person sending it and who such person represented 17 at that time; 18

19  The identity of the person to whom it was sent; 20  The identity of the person who presently has custody of it and its 21

22 present location; 23  Its subject matter and its substance; 24

25  Whether the document is claimed to be privileged; 26 27 28

4 1  If you exercise the option to produce business records pursuant to 2 COURT RULE 34(c), please answer, nonetheless, subparts 1 through 3

4 9 hereof in regard to each pertinent interrogatory. 5 C. With respect to each “FACT”: 6

7  The date and time it occurred; 8  The place where it occurred; 9

10  The identity of each person present; 11  An identification of the subject matter, nature and substance of the 12

13 fact. 14 DEFINITIONS 15

16 9. “COMPLAINT” shall mean and refer to Plaintiff’s complaint originally filed on 17 2-25-99 in Department XVII of the Mecklenburg County District Court, Case No. . 18 19 10. “PROPERTY” shall mean and refer to the real property owned by 11. 20 “YOU”, “YOUR”, “YOURS”, and/or “PLAINTIFF” shall mean and refer to as well as, 21 22 his agents, attorneys, employees, accountants, family members, investigators, or any other 23 person acting on his behalf. 24 25 12. “DEFECT” means that portion of the property which Plaintiff maintains has been

26 inadequately constructed, repaired, designed, re-roofed, or otherwise improved so that the 27 alleged conditions have caused damage to . 28

5 1 INTERROGATORIES 2 INTERROGATORY NO. 1: 3

4 Describe all items YOU contend constitute DEFECTS or deficiencies on the roof at the 5 PROPERTY. 6 7 INTERROGATORY NO. 2: 8 Identify all DOCUMENTS which evidence alleged DEFECTS or deficiencies at the 9 10 PROPERTY. 11 INTERROGATORY NO. 3: 12 13 Please state all facts upon which YOU base any claim for breach of contract against .

14 INTERROGATORY NO. 4: 15 Please identify all DOCUMENTS upon which YOU rely in claiming that has breached 16

17 its contract with respect to the roof at the PROPERTY. 18 INTERROGATORY NO. 5: 19 20 State all facts in support of YOUR contention in the COMPLAINT that owed a duty to 21 YOU. 22 23

24 INTERROGATORY NO. 6: 25 State all facts in support of YOUR contention in YOUR COMPLAINT that breached its 26 27 duty owed to YOU. 28

6 1 INTERROGATORY NO. 7: 2 Identify with specificity, all locations where DEFECTS or problems are claimed to exist. 3

4 INTERROGATORY NO. 8: 5 Identity all damages claimed to be the result of the alleged DEFECTIVE work of 6 7 INTERROGATORY NO. 9: 8 Identify all repairs made to YOUR PROPERTY from the time that left the PROPERTY 9 10 until the present. 11 INTERROGATORY NO. 10: 12 13 For each repair identified in response to Interrogatory No. 9, please identify the total cost

14 of the repairs. 15 INTERROGATORY NO. 11: 16

17 Did YOU ever make any written report or complaint to this propounding party regarding 18 alleged DEFECTS at the PROPERTY? 19 20 INTERROGATORY NO. 12: 21 If YOUR response to the preceding Interrogatory was the affirmative, please identify 22 23 with particularity to allow the requesting party to fashion and inspection demand, all such 24 documents. 25 26 INTERROGATORY NO. 13: 27 28

7 1 Have you obtained a bid for repairs to the roof at the PROPERTY which YOU contend 2 were necessitated by the work of ? 3

4 INTERROGATORY NO 14: 5 If YOUR answer to the preceding Interrogatory is in the affirmative, state the amount of 6 7 each bid for repairs. 8 INTERROGATORY NO. 15: 9 10 Identify each injury or damage YOU attribute to the actions or inactions of . 11 INTERROGATORY NO. 16: 12 13 Have YOU or someone on YOUR behalf performed any of the repairs at the PROPERTY

14 which YOU contend were necessary due to the work performed on the roof by ? 15 INTERROGATORY NO. 17: 16

17 If YOUR answer to the preceding Interrogatory was in the affirmative, please identify the 18 name of each entity or person that performed the repairs. 19 20 INTERROGATORY NO. 18: 21 If YOUR answer to Interrogatory No. 16 was in the affirmative, set forth the repair cost 22 23 for each repair made to the roof which you contend relates to the work of . 24 INTERROGATORY NO. 19: 25 26 If YOU believe that Inc. performed any work that was not in accord with any code, 27 regulation, statute, manufacturer’s recommendation or guidelines applicable to the work 28

8 1 performed by , please state exactly what codes, guidelines, manufacturers specifications or 2 regulations were violated and how they were violated. 3

4 INTERROGATORY NO. 20: 5 Identify all the documents which YOU claim constitute the contract. 6 7 /// 8 /// 9 10 11 DATED this ____ day of May, 1999. 12 13 14 ______15 Attorneys for Defendant, 16 CERTIFICATE OF MAILING 17 I hereby certify that on this day of May, 1999, I placed a true and correct copy of 18 the foregoing TO PLAINTIFF in the United States Mail, postage prepaid, addressed to counsel 19 on the attached service list: 20 21 ______An employee of 22 23 24 25 26 27 28