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I took your adivise and submitted letter to plaintiff's attorney earnestly requesting the production of docs. with a ten day "window" suggesting recourse would be motion to compel. I have a suspicion that he will trump me my submitting same motion w/o advising me of such. Reading Rule 37, I don't see that it is incumbent upon the deponent or serving party to submit a request letter prior to filing a motion. If I have a strong belief that plaintiff's attorney will steal my thunder by filing a motion on Monday against me for my failure to provide discovery, should I file likewise ahead of my ten day window letter.
Also, I am about to submit interrogatories. One such interrogtory asks (the obvious) for bank accounts in my name and account numbers. Must I provide account numbers at this juncture, or could I forestall. I'm not attempting to obfuscate, just want to know if I have any justification for not answering or do I have a credible reason for responding to, "your inability to answer the remainder" as contained in the Instructions section of the Interrogatories.
Final question: I have transferred a monetary asset to a 3rd party which I must disclose. However, must I personally name the party?
Thanks for your response.
I encourage you to steal his thunder by answering his discovery requests. That is the best way to cut him off at the pass. Again, if the answer to his request or interrogatory is "I am not currently in possession of that information/document" then that is a good answer. That is a better answer than not answering at all and having a motion filed against you.
In response to whether you should also go ahead and file a motion, I would say yes, go ahead. When you do, you need to contact the court and make sure that your motion is heard on the same day that his motion is.
In regard to providing bank account information, I would agree to do this, but only under a confidentiality agreement. In other words, they may not publish your bank account information by filing it with the court and may only use it in connection with the curent litigation.
In regard to your final question. If you have to disclose the transfer, then you also must disclose the identity of the 3rd party.