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Appendix H

Sample Discovery

The following are sample interrogatories, requests for the production of documents, and requests for admissions. While the appendix separates, for ease of retrieval, each type of discovery into a different subsection, a plaintiffs rst set of interrogatories and production of documents are often sent together as a First Discovery Request. Sometimes the rst discovery request also includes a rst request for admissions. Most discovery is accompanied by instructions and denitions. In general, this appendix sets out instructions only at subsections H.1.1 for interrogatories and H.1.2 for requests for production of documents and sets out denitions only at H.1.1. Other discovery in this appendix merely refers to the instructions and denitions found at those subsections. Note the slight differences in instructions between H.1.1 (for interrogatories) and H.1.2 (for requests for production of documents). Always refer only to the appropriate cross-referenced instructions, i.e., H.1.1 or H.1.2. A 1993 amendment to Fed. R. Civ. P. 33 limits the number of interrogatories to twenty-ve without leave of the court. The advisory committee notes that [p]arties cannot evade this presumptive limitation by the device of joining as subparts questions that seek information about discrete separate subjects. However, a question asking about communications of a particular type should be treated as a single interrogatory even though it requests that the time, place, persons present, and contents be stated separately for each such communication.1 Certain of the documents in this appendix were created before this amendment was in effect and may not be consistent with this requirement. The discovery reprinted in this appendix and additional examples of discovery in class actions are included on the companion CD-Rom to this manual in both PDF and Word formats. Included are diverse types of discovery requests, from automobile fraud to automobile repossessions, from predatory lending to mobile homes, and from nursing homes to debt collection. Even more sample discovery in individual actions is found in NCLCs Consumer Law Pleadings on CD-Rom with Index Guide.

H.1 Federal Fair Debt Collection Case (Boddie)


H.1.1 Interrogatories
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) Plaintiff ) ) v. ) ) LARRY CARSO; ) NATIONWIDE CASSEL, L.P.; ) and N.A.C. MANAGEMENT ) CORPORATION, ) Defendant. ) ) BRIAN BODIE, PLAINTIFFS FIRST DISCOVERY REQUEST Plaintiff hereby requests that each defendant respond to the following interrogatories. Unless otherwise specied in a particular paragraph, the time period covered by this request is January 1, 1992 to the present. Throughout this request: a. Nationwide means Nationwide Cassel, L.P. b. NAC means N.A.C. Management Corporation. Other instructions and denitions to be used in making your response are attached hereto as exhibit 1. If any paragraph of this request is believed to be ambiguous or unduly burdensome, please contact the undersigned and an effort will be made to remedy the problem.

1 Fed. R. Civ. P. 33 Advisory Committees Note.

Appx. H.1.1

Consumer Class Actions: A Practical Litigation Guide


INTERROGATORIES if the office is in the same premises used by defendants Nationwide and NAC there is any physical division between the office space used by Carson and the offices of Nationwide and NAC. 13. Describe all signs that identify Carsons office at [address], Chicago, Illinois. 14. Identify the party or parties a. to which the telephone company has issued the number [number], b. who pay the telephone bills for the number [number]. 15. State the full name and home address and telephone number of the Mr. Stone whose name appears on Exhibit A to the complaint in this action. 16. State whether anyone other than Mr. Stone signed (manually or by facsimile) letters similar to Exhibit A to the complaint in this action. 17. If Mr. Stone did not personally place a handwritten original signature on each demand letter similar to Exhibit A to the complaint that bears his name, describe the process by which his signature is placed thereon and identify the persons authorized to place his signature on such letters. 18. Identify all persons who answer the telephone number [number]. State the full name of the entity that issues a paycheck to each such person. 19. Identify all persons who respond to communications from consumers who have been sent letters similar to Exhibit A and who dispute their alleged obligations. 20. Identify all documents relating to plaintiffs alleged debt that Carson reviewed or was furnished prior to the sending to plaintiff of Exhibit A to the complaint in this action. 21. State what steps were taken and by whom to review the plaintiffs account before the transmission to plaintiff of Exhibit A to the complaint in this action. 22. If you are declining to produce any document or respond to any paragraph in whole or in part because of a claim of privilege, please: a. identify the subject matter, type (e.g., letter, memorandum), date, and author of the privileged communication or information, all persons that prepared or sent it, and all recipients or addressees; b. identify each person to whom the contents of each such communication or item of information have heretofore been disclosed, orally or in writing; c. state what privilege is claimed; and d. state the basis upon which the privilege is claimed. 23. State the net worth of each defendant. 24. If any document requested was, but no longer is, in your possession or subject to your control, please state: a. the date of its disposition; b. the manner of its disposition (e.g., lost, destroyed, transferred to a third party); and c. an explanation of the circumstances surrounding the disposition of the document. [Attorney]

1. Describe in detail the financial and business relationship(s) between defendant Carson and the other defendants. Include in your answer the billing method, rate, frequency and media; expenses billed; funds remittance method, rate, frequency and media; the nature and extent of services rendered (e.g., letter only, letter followed by suit in what circumstances); fee arrangement for each identified type of service. 2. Describe in detail the financial and business relationship(s) between defendant Nationwide Cassell and defendant N.A.C. Management. 3. State the location (address including floor or suite) and owner of the copier, printer or other mechanical device which printed collection letters in the form represented by Exhibit A [not attached herein] to the complaint in this action. 4. Identify the person(s) who operate the mechanical device to produce collection letters in the form represented by Exhibit A to the complaint in this action. 5. Identify by code name or number and date sent all documents transmitted to plaintiff by any defendant in effort to collect a debt allegedly owed by plaintiff to any of the defendants. 6. State the number of collection letters in the form represented by Exhibit A to the complaint in this action that were sent to consumers within the year prior to the filing of the complaint in this action. 7. Were any such letters sent to persons outside of Illinois? If so, state the number. 8. Provide the name and address of each consumer to whom a collection letter in the form represented by Exhibit A to the complaint in this action was sent within the year prior to the filing of the complaint in this action. 9. Describe, step-by-step, the process which resulted in Exhibit A to the complaint in this action being transmitted to plaintiff, beginning with the date and method of transmission of debtor information to Carson, e.g., computer tapes or other media delivered (when, by whom, where and to whom); content of computer tape or media; data input (where and by whom); computer entry or other means of directing transmission letters (where and by whom entry made), letter with debtor information printed (from where and by whom); letter with debtor information mailed (from where and by whom), computer tapes or media returned (on what occasion, when, by whom and to whom). 10. State the full name and home address and telephone number of each person employed by Carson at any time during the last three years a. at an office located at [address], Chicago, Illinois, and b. at an office located at [address], Chicago, Illinois. 11. State whether any employees of Carson are paid directly or indirectly by Nationwide, NAC, or anyone other than Carson. 12. Describe in detail the office maintained by Carson at [address], Chicago, Illinois, and the financial arrangements for the maintenance of that office. Include in your answer: the size of the office; whether there is or was a written lease; the full name and address of the lessor; the monthly rent; who uses or works in the office; whether the office is in the same premises used by defendants Nationwide and NAC; whether

Sample Discovery
EXHIBIT 1 INSTRUCTIONS A. All answers are to be furnished in writing and under oath within [30] days of the date of the filing of these Interrogatories. B. Identify the person responding to each interrogatory, including the length of time the respondent has held his/her position with [adverse party], and the duties performed for [adverse party]. If more than one person responds or participates in the preparation of the answer to an interrogatory, each person responding or participating in preparation of the answers to each shall be similarly identified. The person under whose control or supervision these responses were prepared, shall be similarly identified and you shall state whether or not such person(s) will offer supporting or directly related testimony. C. For each interrogatory the following further information shall be given: a. The administrative unit of [adverse party] which maintains the information used in preparing the response; b. The name of the witness(es) most likely to testify concerning the material or information contained in the response; c. The date on which the response was prepared; and d. The [adverse partys] response to the requested item. D. In order to minimize duplication of time and effort in the discovery process, it is specifically requested that each and every page of [adverse partys] response to requests made herein be proofread by a responsible employee of [adverse party] to insure that all text, figures, etc. are clearly legible and that all abbreviations and any symbols are intelligible to any person who may have occasion to read the responding documents. E. Each interrogatory shall be answered upon your entire knowledge from all sources and all information in [adverse partys] possession or otherwise available from [adverse party], including information from [adverse partys] officers, employees, agents, representatives, attorneys, investigators, or consultants and information which is known by each of them. An incomplete or evasive answer is a failure to answer. F. Where an individual interrogatory calls for an answer which involves more than one part, each part of the answer should be clearly explained so that it is understandable. G. If you cannot answer any or all of the following interrogatories in full, after exercising due diligence to do so, state your inability and answer to the extent possible, state reasons for your inability to answer the remainder (including a list of sources which were consulted for a response), and state whatever information or knowledge you have concerning the unanswered portions. H. Each interrogatory is considered continuing, and if [adverse party] obtains information which renders its response to one of them incomplete or inaccurate, [adverse party] is obligated to serve amended answers on the undersigned. I. If any interrogatory may be answered fully by a document, the document may be attached in lieu of an answer if the document is marked to refer to the interrogatory to which it responds. J. If [adverse party] feels that any of the interrogatories is ambiguous or unclear in any way, it should notify [plaintiffs]

Appx. H.1.1
attorney so that the item(s) may be properly clarified prior to the preparation of the written response(s). K. When asked to identify, attach, describe or produce any documents, provide the following information: (a) the type of document (e.g., installment contract, letter, etc.); (b) the date the document bears; (c) the date on which it was prepared; (d) identities of the person(s) who prepared the same; (e) the identity of each signatory thereto; (f) the person(s) for whom the document was prepared, and each recipient; (g) the title of the document, or some other means of identifying it; (h) its present location and the identity of its present custodian; and, (i) if the original document has been destroyed, the date and reason for or circumstances under which it was destroyed. L. If any document which is required to be produced or identified is claimed to be privileged or to constitute work product or to be otherwise confidential, state the grounds upon which such privilege, work product or confidentiality is being asserted, and include a brief description of the document, identifying its author and persons receiving copies thereof. DEFINITIONS For the purpose of this request the following definitions apply: A. The terms document or documents shall refer to all writings and recorded materials, of any kind, that are or have been in the possession, control or custody of [adverse party] of which [adverse party] has knowledge, whether originals or copies. Such writings or recordings include but are not limited to: contracts, bills of sale, agreements, promissory notes, documents, applications, file memoranda, correspondence, telegrams, forms, bank statements, tax invoices, files, books, pamphlets, circulars, transcripts, orders, bulletins, periodicals, letters, reports, advertisements, graphs, charts, plans, records, studies, logs, manuals, minutes, photographs or microfilm, diagrams, drawings or other visual materials, lists, working papers, rough drafts, research material, notes, papers, ledgers, journals or other books of account, computer print-outs or discs or tapes, computer programs, intra- and inter-office memoranda, notebooks, desk calendars, diaries, statistical computations, confirmations, reports and/or summaries of interviews or conversations, reports and/or summaries of investigations, opinions or reports of consultants, statements or expressions of policy, appraisals, forecasts, of all natures and kinds whether handwritten, typed, printed, mimeographed, photocopied or otherwise reproduced, all tape recordings (whether for computer, audio or visual replay), models, or other manner of tangible things on which words, phrases, symbols, information or other matter are written, printed or recorded. If any document asked to be identified, described, or produced is not in your possession or subject to your control, give the reason therefor and its present location and the identity of the present custodian of the document and of any copy or summary thereof. B. Person shall mean natural persons, groups of natural persons acting in a collegial capacity (e.g., a committee or board of directors), corporation, partnerships, associations, joint ventures, labor unions, and any other incorporated or unincorporated business, governmental, public or social entity. C. Communication shall mean any or all transmittals of information, whether oral or reduced to writing, whether hand-

Appx. H.1.2

Consumer Class Actions: A Practical Litigation Guide


burdensome, please contact the undersigned and an effort will be made to remedy the problem. REQUESTS FOR PRODUCTION OF DOCUMENTS Please produce: 1. All form letters in use by Carson during 1992 or 1993 with respect to matters involving Nationwide, NAC or any related entity. 2. All documents transmitted to Carson by Nationwide or NAC with respect to the alleged debt of plaintiff. 3. All documents, or the form thereof if copies are not available, transmitted by Carson to plaintiff or to any other person (including NAC or Nationwide) with respect to the alleged debt of plaintiff. 4. All documents in which Carson was authorized to represent Nationwide, NAC or any other creditor with respect to plaintiffs alleged debt. 5. All agreements between Carson and either or both of the other defendants. 6. All documents, logs, and correspondence relating to plaintiffs alleged debt. 7. Copies of all policy manuals and instructions provided by any defendant to employees regarding collection practices or procedures. 8. All bills for professional services rendered by Carson to the other defendants. 9. All periodic reports made by Carson to the other defendants. 10. The most recent financial statement issued, or given to any third party, by each defendant. 11. Any insurance policy which provides coverage with respect to the matters complained of, or which may provide such coverage, or with respect to which a claim has been or will be filed in connection with this action. 12. All documents relating to the plaintiff, or which are indexed, filed or retrievable under his name or any number, symbol, designation or code (such as a loan number or Social Security number) assigned to him or his transaction or automobile. [Attorney] EXHIBIT 1 INSTRUCTIONS A. All documents are to be furnished in writing and under oath within [30] days of the date of the filing of these Requests. B. Identify the person responding to each Request, including the length of time the respondent has held his/her position with [adverse party], and the duties performed for [adverse party]. If more than one person responds or participates in the preparation of the response to a request, each person responding or participating in preparation of the answers to each shall be similarly identified. The person under whose control or supervision these responses were prepared, shall be similarly identified and you shall state whether or not such person(s) will offer supporting or directly related testimony. C. For each request the following further information shall be given:

written, typewritten, tape-recorded, or produced by electronic data processing, irrespective of how conveyed (e.g., telephone, telegram, telegraph, United States mail, private mail or courier service, facsimile transmittal, face-to-face contact), including but not limited to: inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations, letters, notes, telegrams, advertisements, or other forms of verbal intercourse, whether oral or written. D. Relating to and regarding shall mean relating to, regarding, consisting of, referring to, reflecting, manifesting, prepared in connection with, describing, containing, attesting to, or being in any way legally, logically, or factually connected with the matter discussed, whether directly or indirectly. E. When requested to identify or provide information as to the identity of a person, state his/her full name, occupation, position or business relationship to [adverse party], currently and at the relevant period, and current or last known home and work addresses and telephone numbers, current or last known employment address, and social security number. F. The relevant period shall mean the period from the time [plaintiff] first came to [adverse partys] place of business [or: other significant event or date] up to and including the time when [relevant event or date]. G. When used without qualification, the transaction or the subject transaction means the transaction consummated by [plaintiff] on or about [date], involving [describe the substance of the transaction].

E.1.2 H.1.2 Requests for Production of Documents


IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) Plaintiff, ) ) v. ) ) LARRY CARSON; ) NATIONWIDE CASSEL, L.P.; ) and N.A.C. MANAGEMENT ) CORPORATION, ) Defendants. ) ) BRIAN BODDIE, PLAINTIFFS FIRST DISCOVERY REQUEST Plaintiff hereby requests that each defendant respond to the following Requests for Production of Documents. Unless otherwise specified in a particular paragraph, the time period covered by this request is January 1, 1992 to the present. Throughout this request: a. Nationwide means Nationwide Cassel, L.P. b. NAC means N.A.C. Management Corporation. Other instructions and definitions to be used in making your response are attached hereto as Exhibit 1. If any paragraph of this request is believed to be ambiguous or unduly

Sample Discovery
a. The administrative unit of [adverse party] which maintains the documents provided; b. The name of the witness(es) most likely to testify concerning the material or information contained in the response; c. The date on which the response was prepared; and d. A designation of which documents are provided in response to that request. You may wish to number each document so that you can refer to it by number. D. In order to minimize duplication of time and effort in the discovery process, it is specifically requested that each and every document in response to the requests be proofread by a responsible employee of [adverse party] to insure that all text, figures, etc. on copies are clearly legible and that all abbreviations and any symbols are intelligible to any person who may have occasion to read the responding documents. E. You shall respond to each request from all sources and all information in [adverse partys] possession or otherwise available from [adverse party], including information from [adverse partys] officers, employees, agents, representatives, attorneys, investigators, or consultants and information which is known by each of them. F. Where an individual request calls for a response which involves more than one part, documents produced in response to each part of the request should be clearly designated so that it is clear to which part of the request it is responsive. G. If you cannot provide any or all of the documents requested, after exercising due diligence to do so, state your inability and provide any documents available, state reasons for your inability to provide the documents or the remainder of them (including a list of sources which were consulted for a response), and state whatever information or knowledge you have concerning the present location of the document(s) and the identity of its present custodian. H. Each document request is considered continuing, and if [adverse party] obtains information which renders its response to one of them incomplete or inaccurate, [adverse party] is obligated to serve amended responses on the undersigned. I. If [adverse party] feels that any of the document requests is ambiguous or unclear in any way, it should notify [plaintiffs] attorney so that the item(s) may be properly clarified prior to production of the documents. J. When asked to produce, identify, attach, or describe any documents, provide the following information: (a) the type of document (e.g., installment contract, letter, etc.); (b) the date the document bears; (c) the date on which it was prepared; (d) identities of the person(s) who prepared the same; (e) the identity of each signatory thereto; (f) the person(s) for whom the document was prepared, and each recipient; (g) the title of the document, or some other means of identifying it; (h) its present location and the identity of its present custodian; and, (i) if the original document has been destroyed, the date and reason for or circumstances under which it was destroyed. K. If any document which is required to be produced or identified is claimed to be privileged or to constitute work product or to be otherwise confidential, state the grounds upon which such privilege, work product or confidentiality is being asserted, and include a brief description of the document, identifying its author and persons receiving copies thereof. DEFINITIONS

Appx. H.1.3

[Not reprinted herein, but identical to definitions found at E.1.1, Exhibit 1, supra.]

H.1.3 Requests for Admissions E.1.3 Requests for Admissions


IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) Plaintiff, ) ) v. ) ) LARRY CARSON; ) NATIONWIDE CASSEL, L.P.; ) and N.A.C. MANAGEMENT ) CORPORATION, ) Defendants. ) ) BRIAN BODDIE, PLAINTIFFS FIRST DISCOVERY REQUEST Plaintiff hereby requests that each defendant respond to the following Requests for Admissions. Unless otherwise specified in a particular paragraph, the time period covered by this request is January 1, 1992 to the present. Throughout this request: a. Nationwide means Nationwide Cassel, L.P. b. NAC means N.A.C. Management Corporation. Other instructions and definitions to be used in making your response are attached hereto as Exhibit 1 [not attached herein, but see sample instructions and definitions at Exhibit 1 at end of E.1.1, supra]. If any paragraph of this request is believed to be ambiguous or unduly burdensome, please contact the undersigned and an effort will be made to remedy the problem. REQUESTS FOR ADMISSIONS 1. Defendant Carson is an attorney. 2. Carson is engaged in the business of collecting consumer debts and regularly collects consumer debts. 3. Carson is listed in Sullivans Law Directory as having an office located at [address], Chicago, Illinois. 4. Carson is not listed in any telephone, legal or business directory as having an office located at [address], Chicago, Illinois. 5. Defendant Nationwide is a limited partnership which has its principal place of business at [address], Chicago, Illinois. 6. Nationwide is engaged in the business of a sales finance agency. Nationwide purchases motor vehicle retail installment contracts from car dealers and enforces the contracts against consumers. 7. NAC is an Illinois corporation with its principal place of business located at [address], Chicago, Illinois. 8. NAC is a general partner of Nationwide. 9. NAC owns 1% of Nationwide. 10. On or about May 5, 1993, Nationwide sent to Boddie, via the United States Mails, the letter attached as Exhibit A [not attached herein] to the complaint filed in this action.

Appx. H.2

Consumer Class Actions: A Practical Litigation Guide


PLAINTIFFS FIRST DISCOVERY REQUEST Plaintiff hereby requests, pursuant to Rule 33 of the Federal Rules of Civil Procedure, that defendant respond to the following Interrogatories. Throughout this request: a. VFNA means Volvo Finance of North America, Inc. b. VCFI means Volvo Car Finance, Inc. Other instructions and definitions are attached as Exhibit 1 [not attached herein, but see sample instructions and definitions at Exhibit 1 at end of E.1.1, supra]. INTERROGATORIES 1. Describe in detail how VFNA and VCFI determine the amount of a lessees liability for (i) voluntary early termination and (ii) default. 2. State the number of persons who satisfy the following criteria: (i) they signed contracts with VFNA using printed VFNA form VFNA-82-0888, any revision, (ii) the contract has a scheduled duration in excess of four months, (iii) the contract called for total payments of $25,000 or less, (iv) the contract had the box marked for personal use checked, and (v) the contract was in effect at any time within one year prior to the filing of this action, or is presently in effect. 3. State the name and address of each such person. 4. State which of these persons actually paid early termination or default charges. 5. State the number of persons who satisfy the following criteria: (i) they signed contracts with VFNA using the printed VFNA form, VFNA-82-0888, any revision, (ii) they had early termination or default charges assessed against them at any time within four years prior to the filing of this action, or have leases that are still in effect. 6. State the name and address of each such person. 7. State which of these persons actually paid early termination or default charges. 8. State whether any efforts were made, prior to or after the issuance of the form of contract of which Exhibit A [not attached herein] to the complaint in this action is an example, to estimate or quantify the financial impact of the early termination or default of a consumer automobile lease. If so, describe the efforts and provide the following information for each individual involved in the efforts: full name; present or last known home and business addresses and telephone numbers; whether presently employed by VFNA; all job title(s) at VFNA and dates during which each job was held; if not presently employed by VFNA, Social Security number and exact date of birth. 9. State whether VFNA made or purchased any automobile leases written on forms other than that of which Exhibit A to the complaint in this action is an example. 10. State whether any decision was made to cease using or modify the form of contract of which Exhibit A to the complaint in this action is an example. If so, state when such decision was made, the reasons for such decision, whether it was implemented, and provide the following information for each person who was involved in the decision: full name; present or last known home and business addresses and telephone numbers; whether presently employed by VFNA; all job ti-

11. Exhibit A is a printed form letter which has been sent to more than 100 persons who have accounts with Nationwide. 12. Neither Carson nor his administrative assistant Mr. Stone personally signed the letter attached as Exhibit A to the complaint in this action. 13. Neither defendant Carson nor anyone employed by him personally prepared, signed or mailed the preprinted form letters in the form exemplified by Exhibit A to the complaint in this action. 14. The address and telephone number on Exhibit A to the complaint in this action is that of Nationwide and/or NAC. 15. The number [number] is issued by Illinois Bell Telephone Company to Nationwide and/or NAC. 16. The number [number] is not issued by Illinois Bell Telephone Company to Carson. 17. Calls placed to Carson at [number] are not answered by Carson. 18. Exhibit A to the complaint contains the number of Nationwides file relating to Boddie, above his name. 19. Employees of Nationwide prepare and mail letters in the form represented by Exhibit A to the complaint bearing a rubber-stamp signature of Larry Carsons administrative assistant, purportedly named Mr. Stone. 20. Carson approved the preprinted form letter and authorized Nationwide and NAC to imprint the rubber-stamp signature of his administrative assistant, purportedly named Mr. Stone, on Exhibit A to the complaint. 21. Carson did not personally review the file of Boddie before he was sent the letter attached as Exhibit A to the complaint in this action. 22. Nationwide receives any payments sent by a consumer in response to a letter in the form represented by Exhibit A to the complaint in this action. [Attorney]

H.2 Consumer Leasing Act and E.2 Consumer Leasing Act and Deceptive Practices CaseCar Deceptive Practices CaseCar Lease (Shepherd) Lease (Shepherd)
H.2.1 Interrogatories E.2.1 Interrogatories
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) Plaintiff, ) ) v. ) ) VOLVO FINANCE NORTH ) AMERICA, INC. and VOLVO ) CAR FINANCE, INC., ) Defendants. ) ) IAN SHEPHERD,

Sample Discovery
tle(s) at VFNA and dates during which each job was held; if not presently employed by VFNA, Social Security number and exact date of birth. 11. Describe in detail all items or elements of loss which VFNA suffers when a lease is terminated early and the amounts thereof, either as an absolute number or in relation to other items (such as the price of the car). 12. Identify all communications concerning early termination or default charges on automobile leases between any of the VFNA and any regulatory or law enforcement or consumer protection agency (including any state Attorney Generals office), the Federal Trade Commission, the Better Business Bureau, or other public or private agency which receives consumer complaints. 13. Identify all complaints (including claims in lawsuits) from lessees or other persons concerning early termination charges on automobile leases. 14. State whether a computer is used to perform any functions relating to the administration of automobile leases or to communications with lessees under such leases. If so, describe each such function and how a computer is used to perform it. State when a computer was first used to perform each such function and how that function was performed previously. 15. State, broken down by state or zip code, the number of automobile leases VFNA entered into and/or purchased that (i) indicate on their face that they were entered into for personal, family or household purposes, (ii) were entered into with natural persons. (iii) were for a period of time exceeding four months, (iv) were for a total contractual obligation not exceeding $25,000, and (v) were written on the printed form of which Exhibit A to the complaint in this action is an example. State how many such leases are still outstanding. State how many such leases had early termination charges assessed. 16. State whether VFNA ever agreed to the voluntary early termination of a lease written on the printed form attached as Exhibit A to the complaint in this action. If the answer is in the affirmative, describe how any charge imposed on the lessee was computed. 17. Provide the following information for each person who was involved in the decision to adopt the form of contract of which Exhibit A to the complaint in this action is an example: full name; present or last known home and business addresses and telephone numbers; whether presently employed by VFNA; all job title(s) at VFNA and dates during which each job was held; if not presently employed by VFNA, Social Security number and exact date of birth. 18. State, broken down by year, the total amount that was (i) assessed and (ii) collected on account of early termination and default charges. Explain in detail the reasons for the difference between the two figures, including a statement of any amounts assessed on account of early termination or default charges that were compromised. 19. If your response to any of the requests for admissions is anything other than an unqualified admission, please explain the basis for your denial. 20. If you are declining to produce any document or respond to any paragraph in whole or in part because of a claim of privilege, please: identify the subject matter, type (e.g., letter, memorandum), date, and author of the privileged communication or information, all persons that prepared or sent it,

Appx. H.2.2
and all recipients or addressees; identify each person to whom the contents of each such communication or item of information have heretofore been disclosed, orally or in writing; state what privilege is claimed; and state the basis upon which the privilege is claimed. 21. If any document requested was, but no longer is, in your possession or subject to your control, please state: the date of its disposition; the manner of its disposition (e.g., lost, destroyed, transferred to a third party); and an explanation of the circumstances surrounding the disposition of the document. 22. With respect to each expert whom you will or may call upon to give evidence in connection with this case, please state: his name, address, telephone number, occupation, and current employment; the subject matter of his expertise; his educational background, academic degrees, employment history, employment experience, and any other matters which you contend qualify him as an expert; the substance of all facts and opinions to which he could testify if called as a witness; a summary of the grounds for each such opinion; the identification of all documents provided to or obtained by the expert in connection with this case; the identification of all documents relied upon by the expert as a basis for each of his opinions; the contractual arrangements for his retention, including the amount of his compensation, whether that compensation has already been paid, and whether any compensation is contingent on the outcome of this litigation; the name and docket number of each judicial, administrative, or legislative proceeding in which he has testified or otherwise (as by deposition or affidavit) given evidence within the last ten years, plus the name of the court or other body before which the evidence was given; and the identification of each book, article, paper, or public statement by the expert that relates to the subject matter of his expertise. [Attorney]

H.2.2 Requests for the Production of of E.2.2 Requests for the Production Documents Documents
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) Plaintiff, ) ) v. ) ) VOLVO FINANCE NORTH ) AMERICA, INC. and VOLVO ) CAR FINANCE, INC., ) Defendants. ) ) IAN SHEPHERD, PLAINTIFFS FIRST DISCOVERY REQUEST Plaintiff hereby requests, pursuant to Rules 34 of the Federal Rules of Civil Procedure, that defendant respond to the following Requests for Production of Documents. Throughout this request:

Appx. H.2.2

Consumer Class Actions: A Practical Litigation Guide


14. All documents relating to any judicial or administrative proceeding in which VFNA was accused of any illegal or improper conduct relating to automobile leases, or in which allegations were made that any provision in a VFNA lease form was not enforceable. 15. All communications concerning early termination or default charges on automobile leases between any of the defendants and any regulatory or law enforcement or consumer protection agency (including any state Attorney Generals office), Better Business Bureau, or other public or private agency which receives consumer complaints. 16. All documents summarizing information on automobile leases that VFNA entered into and/or purchased. Include only documents containing information relating to two or more leases. 17. One copy of each different advertisement and piece of promotional literature, including literature disseminated through automobile dealers, concerning leasing motor vehicles through VFNA. In the case of print advertising, provide one copy of the advertisement and a list of the newspapers or other media in which it appeared. In the case of radio advertising, provide a script and a description of when and where it was broadcast. In the case of television advertising, provide a script and the story boards and a description of when and where it was broadcast. 18. All documents summarizing information concerning the amounts VFNA (i) assessed and (ii) collected on account of early termination or default charges on automobile leases. Include only documents containing information relating to two or more leases. 19. All insurance policies that may afford coverage with respect to the matters complained of. (Alternatively, you may state the name and address of the insurer, the policy limits per claim, occurrence and aggregate, and the policy language relevant to how a claim or occurrence is defined in the event of a class action or other multiple person claim.) 20. All budgets, forecasts, projections and other planning documents which describe, discuss, mention, or otherwise relate to early termination or default charges on automobile leases. 21. All documents that discuss, describe, refer to and/or relate to formula(s) and/or method(s) for determining the amount or method of determining the amount of any penalty or other charge for delinquency, default, or late payments on an automobile lease. 22. One example of each form of automobile lease that VFNA made or purchased, other than that of which Exhibit A [not attached herein] to the complaint in this action is an example. 23. All documents which describe or discuss the ability of consumers to understand the disclosures made in VFNAs automobile lease forms, or lease forms generally. 24. All documents relating to any Lease-Trak study. 25. All manuals and other documents that VFNA provided to other companies (including automobile dealers) to inform, instruct or advise them how to fill out automobile lease forms or how to determine the amounts to be inserted in such forms. 26. All documents relating to the plaintiff, or which are indexed, filed or retrievable under his name or any number, symbol, designation or code (such as a transaction number or Social Security number) assigned to him or his transaction.

a. VFNA means Volvo Finance of North America, Inc. b. VCFI means Volvo Car Finance, Inc. Other instructions and definitions are attached as Exhibit 1 [not attached herein, but see sample instructions at Exhibit 1 at end of E.1.2, supra and sample definitions at end of E.1.1, supra]. REQUESTS FOR PRODUCTION OF DOCUMENTS Please produce: 1. All documents describing practices or policies or procedures relating to the computation or enforcement of the lessees liability upon voluntary early termination. 2. All documents describing practices or policies or procedures relating to the computation or enforcement of the lessees liability upon early termination by default. 3. All documents containing summary or statistical information relating to termination or default by lessees. 4. All documents describing practices or policies or procedures relating to the origination or purchase of leases or the making of disclosures in connection with leases. 5. All documents describing practices or policies or procedures relating to the circumstances under which VFNA or VCFI agrees to the early termination of a vehicle lease, including the consideration to be paid for such early termination. 6. The complete file for each person who satisfies the following criteria: (i) they signed contracts with VFNA using printed VFNA form VFNA-82-0888, any revision, (ii) the contract has a scheduled duration in excess of four months, (iii) the contract called for total payments of $25,000 or less, (iv) the contract had the box marked for personal use checked, and (v) the contract was in effect at any time within one year prior to the filing of this action, or is presently in effect. 7. The complete file for each person who satisfies the following criteria: (i) they signed contracts with VFNA using the printed VFNA form, VFNA-82-0888, any revision, (ii) they had early termination or default charges assessed against them at any time within four years prior to the filing of this action, or have leases that are still in effect. 8. All documents compiling or summarizing information relating to early termination or default charges on automobile leases. 9. All documents compiling or summarizing information relating to the financial impact on VFNA of the early termination or default of automobile leases. 10. All documents describing practices or policies or procedures relating to the compromise of amounts demanded by VFNA on account of early termination or default charges on automobile leases. 11. All documents relating to any complaint, criticism or inquiry, by any person, concerning VFNAs computation or method of computation of automobile lease early termination or default charges, including the pleadings in any other litigation involving that subject. 12. All documents relating to any complaint, criticism or inquiry, by any person, concerning VFNAs disclosures of the terms of automobile leases, including the pleadings in any other litigation involving that subject. 13. VFNAs annual financial statements, annual reports and semiannual and quarterly financial statements.

Sample Discovery
27. All documents discussing the early termination or default charges, or formulas for determining early termination or default charges, in the automobile lease forms of companies other than the VFNA. [Attorney]

Appx. H.2.3
8. All forms of leases which VFNA used or purchased between August 1, 1984 and the present had a space provided for indicating whether the lease was made for personal, family or household purposes. 9. On May 11, 1992, Shepherd entered into a lease with VFNA covering the lease of a 1992 Volvo 740 series automobile. Exhibit A [not attached herein] to the complaint filed in this action is an accurate copy of the lease. 10. In February 1993, Shepherd requested information from VFNA regarding the cost of terminating his lease early. A copy of his correspondence is attached as Exhibit B [not attached herein] to the complaint in this action. 11. In March 1993, Shepherd received a response from VCFI. A copy of the response is attached as Exhibit C [not attached herein] to the complaint in this action. 12. Contemporaneous with the filing of the complaint in this action, Shepherd returned the leased car to VFNAs agent and notified VFNA that he was terminating the lease. 13. VFNA and VCFI in fact require a lessee to pay in accordance with the calculations set forth in Exhibit C. 14. VFNA disseminated the form of which Exhibit A to the complaint in this action is an example. 15. Exhibit A to the complaint in this action is a standard form that was promulgated by VFNA in June 1990. 16. There are more than 100 persons who satisfy the following criteria: (i) they signed contracts with VFNA using printed VFNA form VFNA-82-0888, any revision, (ii) the contract has a scheduled duration in excess of four months, (iii) the contract called for total payments of $25,000 or less, (iv) the contract had the box marked for personal use checked, and (v) the contract was in effect at any time within one year prior to the filing of this action, or is presently in effect. 17. There are more than 1000 persons who satisfy the following criteria: (i) they signed contracts with VFNA using printed VFNA form VFNA-82-0888, any revision, (ii) the contract has a scheduled duration in excess of four months, (iii) the contract called for total payments of $25,000 or less, (iv) the contract had the box marked for personal use checked, and (v) the contract was in effect at any time within one year prior to the filing of this action, or is presently in effect. 18. There are more than 100 persons who satisfy the following criteria: (i) they signed contracts with VFNA using the printed VFNA form, VFNA-82-0888, any revision, (ii) they had early termination or default charges assessed against them at any time within four years prior to the filing of this action, or have leases that are still in effect. 19. There are more than 1000 persons who satisfy the following criteria: (i) they signed contracts with VFNA using the printed VFNA form, VFNA-82-0888, any revision, (ii) they had early termination or default charges assessed against them at any time within four years prior to the filing of this action, or have leases that are still in effect. [Attorney]

E.2.3 Requests for Admissions H.2.3 Requests for Admissions


IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) Plaintiff, ) ) v. ) ) VOLVO FINANCE NORTH ) AMERICA, INC. and VOLVO ) CAR FINANCE, INC., ) Defendants. ) ) IAN SHEPHERD, PLAINTIFFS FIRST DISCOVERY REQUEST Plaintiff hereby requests, pursuant to Rule 36 of the Federal Rules of Civil Procedure, that defendant respond to the following Requests for Admissions. Throughout this request: a. VFNA means Volvo Finance of North America, Inc. b. VCFI means Volvo Car Finance, Inc. Other instructions and definitions are attached as Exhibit 1 [not attached herein, but see sample instructions and definitions at Exhibit 1 at end of E.1.1, supra]. REQUESTS FOR ADMISSIONS 1. Plaintiff, Ian Shepherd (Shepherd), is an individual who resides at [address] Athens, Georgia. 2. Defendant, Volvo Finance of North America, Inc. (VFNA), is a Delaware corporation which does business in Georgia. Its principal place of business is located at [address] Montvale, NJ. Its registered agent is CT Corporation System, [address] Atlanta, GA. 3. Defendant, Volvo Car Finance, Inc. (VCFI), is a Delaware corporation which does business in Georgia. Its principal place of business at [address], Montvale, NJ. Its registered agent is United States Corporation Company, [address], Atlanta, GA. 4. VFNAs regular business activities include leasing and offering to lease motor vehicles and purchasing leases of motor vehicles. 5. Many of VFNAs leases are made with natural persons who lease vehicles for personal, family or household purposes. 6. The scheduled term of most or all VFNA vehicle leases exceeds four months. 7. VCFIs regular business activities include servicing motor vehicle leases held by VFNA.

Appx. H.2.4

Consumer Class Actions: A Practical Litigation Guide

H.2.4 Second Request for Production of of E.2.4 Second Request for Production Documents Documents
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) Plaintiff, ) ) v. ) ) VOLVO FINANCE NORTH ) AMERICA, INC. and VOLVO ) CAR FINANCE, INC., ) Defendants. ) ) IAN SHEPHERD, PLAINTIFFS SECOND DISCOVERY REQUEST Plaintiff hereby requests, pursuant to Rule 34 of the Federal Rules of Civil Procedure, that defendants respond to the following Requests for Production of Documents. a. VFNA means Volvo Finance of North America, Inc. b. VCFI means Volvo Car Finance, Inc. Other instructions and definitions are attached as Exhibit 1 [not attached herein, but see sample instructions at Exhibit 1 at end of E.1.2, supra and sample definitions at Exhibit 1 at end of E.1.1, supra]. REQUESTS FOR PRODUCTION OF DOCUMENTS Please produce: 1. All manuals or similar documents which explain the meaning of the entries on document VS000000015. 2. All documents which discuss when the various forms identified as documents VS000000025 through 52 were used or to be used. 3. All manuals or similar documents which explain or list form codes. 4. All documents which comprise the manual referred to on document VS000000071. 5. All manuals or similar documents which explain the meaning of the entries on document VS000000071. 6. All manuals or similar documents which explain the meaning of the entries on document VS000000078. 7. All manuals or similar documents which explain the meaning of the entries on document VS000000081. 8. All manuals or similar documents which explain the meaning of the entries on document VS000000082. 9. The Monroney stickers for the vehicles leased to plaintiff, or if not available, the appropriate price lists necessary to compute the sticker price for the vehicles and all equipment thereon. 10. All manuals or similar documents which explain the meaning of the entries on document VS000000077. [Attorney]

H.3 Deceptive Practices Case E.3 Deceptive Practices Case Vendors Single Interest Insurance Vendors Single Interest Insurance (Ortiz) (Ortiz)
H.3.1 Interrogatories E.3.1 Interrogatories
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION ) ) Plaintiff, ) ) v. ) ) GMAC, GENERAL ) MOTORS ACCEPTANCE ) CORPORATION ) Defendant. ) ) CARMEN ORTIZ, FIRST SET OF INTERROGATORIES TO DEFENDANT GMAC The plaintiffs, pursuant to Rule 213 of the Supreme Court Rules, propound the following interrogatories to be answered by defendant General Motors Acceptance Corporation (GMAC), fully, separately and in writing within twenty-eight days of service hereof. INSTRUCTIONS [Not attached herein, but see sample instructions at Exhibit 1 at end of E.1.1, supra.] DEFINITIONS [Sample Definitions AG are not reprinted herein, but are found at Exhibit 1 at end of E.1.1, supra.] H. As used herein the term single interest physical damages insurance (SII) means the insurance sold by defendant MIC which insured the vehicles purchased by plaintiff Ortiz and the putative class members. I. As used herein putative class members and putative subclass members are the persons defined as the class members and subclass members in plaintiffs complaint at paragraph 3. INTERROGATORIES 1. State the name, title and business address of the person answering these interrogatories. 2. State the name, title and business address of all persons who participated in preparing the answers to these interrogatories and which interrogatory answers each person assisted in preparing. 3. How many persons are putative class members in this litigation?

10

Sample Discovery
a. For each putative class member, state their name, address, and SII premium charge and the finance charge each was assessed on the SII policy. 4. How many persons are putative subclass members in this litigation. a. For each putative subclass members whose car was damaged or stolen while the MIC policy was in force, but who received no payment or credit from the policy, state their name, address, and any information known about the damage or theft. b. For each putative subclass member whose car was damaged or stolen while the SII policy was in force and who surrendered their vehicle to GMAC, state their name, address, the make and model and year of their insured vehicle, the cash value of the vehicle at the time of loss, the cost of repairs to the vehicle, the outstanding balance on their retail installment contract and amount of payment received by GMAC from MIC due to the loss. 5. Does the automobile dealer who sold the car receive any economic or other benefit when the retail purchaser has SII purchased by GMAC. If the answer is yes, what is the economic benefit? 6. Does GMAC receive any economic benefit when a retail purchaser has SII purchased by GMAC? If the answer is yes, what is the economic benefit? 7. Using the actual numbers, how was the premium computed for plaintiff Ortiz SII policy? 8. Using the actual numbers, how was the finance charge calculated on the SII premium for plaintiff Ortiz? 9. State the name, title, job description and current business address of persons employed by G.M.A.C. who have responsibility for SII claims, sales or any other matter regarding SII and for each person indicate what aspect(s) of SII they have responsibility for. 10. In years 19801984, in each year, what were the dollar amount of profits to GMAC generated by the sale of SII in Illinois? Indicate the actual calculation and accounting method used to calculate the profit figure for each years profit. 11. Does GMAC purchase SII from anyone other than MIC? If the answer is yes, state from what company the SII is purchased. 12. What was the term of the SII policy purchased for plaintiff Ortiz? 13. Could plaintiff Ortiz have purchased the SII policy directly from MIC? [Attorney]

Appx. H.3.2

H.3.2 Requests for Production of Documents E.3.2 Requests for Producton of Documents
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION ) ) Plaintiff, ) ) v. ) ) GMAC, GENERAL ) MOTORS ACCEPTANCE ) CORPORATION ) Defendant. ) ) CARMEN ORTIZ, FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GMAC The plaintiffs, through their attorneys, and pursuant to Illinois Supreme Court Rule 214 direct defendants General Motors Acceptance Corporation (GMAC) to produce within twenty-eight days for inspection and photocopying the documents listed below. INSTRUCTIONS [Not reprinted herein, but see Instructions at Appx. E.1.2, Exhibit 1, supra.] DEFINITIONS [Not reprinted herein, but see Definitions at Appx. E.1.1, Exhibit 1, supra.] DOCUMENTS REQUESTED 1. All documents concerning the sale, financing, SII insurance, or any other matter relating to the 1981 Chevrolet Monte Carlo (hereafter car) purchased by plaintiff Carmen Ortiz on September 19, 1981. 2. The SII policy which insured Carmen Ortiz car. 3. All documents regarding GMACs policies and procedures, for the sale or financing of SII policies sold in Illinois which were in effect from December 2, 1980 to the present. 4. All documents regarding GMACs policies and procedures for the application for payment of claims made on SII policies sold in Illinois which were in effect from December 2, 1980 to the present. 5. All documents, regarding SII, sent to or received from the: Illinois Department of Insurance; Illinois Attorney General; Department of Financial Institutions; or Federal Trade Commission. 6. All documents sent to or received from MIC concerning SII. 7. All form letters used, from December 2, 1980 to the present, to communicate with persons whose motor vehicles were purchased from Illinois automobile dealerships and financed by GMAC, regarding SII.

11

Appx. H.4

Consumer Class Actions: A Practical Litigation Guide


less) respond to the following interrogatories. Unless otherwise specified in a particular paragraph, the time period covered by this request is January 1, 1986 to the present. Other instructions and definitions to be used in making your response are attached at Exhibit 1. [Not attached herein, but see sample instructions and definitions at Exhibit 1 at end of E.1.1, supra]. If any paragraph of this request is believed to be ambiguous or unduly burdensome, please contact the undersigned and an effort will be made to remedy the problem. Throughout this request, credit agreement includes any note, loan agreement, or retail installment contract. INTERROGATORIES 1. Provide the following information for all notes and loan agreements purchased by Reckless which (a) have dates after December 31, 1985, (b) are secured by a mortgage or trust deed on real estate, the address of which is the same as that used as a mailing address by the obligor (at any time), and (c) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method: a. Total number; b. Full name and address of each payee; c. Number of notes and loan agreements payable to each payee; and principal amount of each; d. If different from (b), full name and address of each party from which Reckless purchased notes and loan agreements; e. Number of notes and loan agreements purchased from each party identified in response to (d) and principal amount of each; f. With respect to each party identified in response to (b) and (d), whether you have any reason to believe that the party was licensed under any law regulating the extension of credit to consumers and if so, under what law; g. Whether any of the notes or loan agreements were executed in connection with retail installment contracts, and if so, the number of such notes and loan agreements, the principal amounts of each, the names of the payees of each, and the identities of the parties from which each was purchased; h. Number and principal amount of the notes and loan agreements which have been voluntarily prepaid; i. Number of the notes and loan agreements upon which Reckless accelerated the balance due (whether or not such acceleration was later rescinded or modified) and principal amount of each; and j. Whether any of the notes or loan agreements were sold by Reckless and if so, the full name and address of each purchaser, the number of the notes or loan agreements sold to each such party and principal amount of each, and the date of each sale. 2. Provide the following information for all notes and loan agreements entered into by Reckless which (a) have dates after December 31, 1985, (b) are secured by a mortgage or trust deed on real estate, the address of which is the same as that used as a mailing address by the obligor (at any time), and (c) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method:

8. All documents received from putative class members, regarding complaints or requests for policy benefits to have automobiles repaired under SII policies and all documents recording phone calls from or meetings with putative class members regarding complaints or requests for SII policy benefits. 9. All advertising materials, concerning SII, directed to Illinois automobile dealers for the dealers use or to be provided to retail automobile purchasers by the dealers. 10. All documents sent to Illinois automobile dealers who sell, assign or transfer consumer credit sales contracts to GMAC, regarding SII. 11. All documents regarding the number of SII policies sold to putative class members and the premium and interest charges for each SII policy. 12. All documents regarding: (a) the number of SII claims paid by MIC to repair the cars of putative class members; and (b) the amount of each claim paid. 13. All documents regarding putative class members who turned their cars over to GMAC to be treated as repossessions after damage or loss to the vehicle, the respective amounts collected or paid by way of a deficiency by each putative class member, and the outstanding balance on each contract. 14. All documents provided to shareholders concerning GMAC for fiscal or calendar years 1980 to present. 15. A list of the GMAC offices located in Illinois. 16. All advertising materials, concerning SII, provided to GMAC or Illinois automobile dealers who finance retail sales through GMAC. [Attorney]

H.4 State Usury Case (Adams) Usury Case (Adams) E.4


H.4.1 Interrogatories E.4.1 Interrogatories
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ) ) ) ) ) ) v. ) ) RECKLESS SAVINGS AND ) LOAN, ASSOCIATION, and ) PREDATORY FINANCE ) COMPANY, ) Defendants. ) ) PATRICIA ADAMS, on behalf of herself and all others similarly situated, Plaintiff, PLAINTIFFS FIRST SET OF INTERROGATORIES TO DEFENDANT Plaintiff Patricia Adams (Mrs. Adams) hereby requests that defendant Reckless Savings & Loan Association (Reck-

12

Sample Discovery
a. Total number; b. Whether any of the notes or loan agreements were executed in connection with retail installment contracts, and if so, the number of such notes and loan agreements, the principal amounts of each, the names of the payees of each, and the identities of the parties from which each was purchased; c. Number and principal amount of the notes and loan agreements which have been voluntarily prepaid; d. Number of the notes and loan agreements upon which Reckless accelerated the balance due (whether or not such acceleration was later rescinded or modified) and principal amount of each; e. Whether any of the notes or loan agreements were sold by Reckless and if so, the full name and address of each purchaser, the number of the notes or loan agreements sold to each such party and principal amount of each, and the date of each sale; 3. Name all Illinois counties where Reckless has filed collection or foreclosure actions since January 1, 1986; 4. Provide the full name and address of each attorney or law firm through which Reckless has filed collection or foreclosure actions since January 1, 1986, in Illinois; 5. If your response to any of the requests for admissions is anything other than an unqualified admission, please explain the basis for your denial; 6. If you are declining to produce any document or respond to any paragraph in whole or in part because of a claim of privilege or otherwise, please: a. identify the subject matter, type (e.g., letter, memorandum), date, and author of the privileged communication or information, all persons who prepared or sent it, and all recipients or addresses; b. identify each person to whom the contents of each such communication or item of information have heretofore been disclosed, orally or in writing; c. state what privilege or other reason for nonproduction is claimed; and d. state the basis upon which the privilege is claimed. 7. If any document requested was, but no longer is, in your possession or subject to your control, please state: a. the date of its disposition; b. the manner of its disposition (e.g., lost, destroyed, transferred to a third party); and c. an explanation of the circumstances surrounding the disposition of the document. 8. With respect to each expert whom you will or may call as a witness at the trial of this case, please: a. state the experts name, address, telephone number, occupation, and current employment; b. state the subject matter of the experts expertise; c. state the experts educational background, academic degrees, employment history, employment experience, and any other matters which you contend qualify the witness as an expert; d. state the substance of all facts and opinions to which the expert could testify if called as a witness; e. state a summary of the grounds for each such opinion; f. identify all documents provided to or obtained by the expert in connection with this case;

Appx. H.4.1
g. identify all documents relied upon by the expert as a basis for each opinion; h. state the contractual arrangements for the experts retention, including the amount of compensation, whether that compensation has already been paid, and whether any compensation is contingent on the outcome of this litigation; i. state the name and docket number of each judicial, administrative, or legislative proceeding in which the expert has testified or otherwise (as by deposition or affidavit) given evidence within the last ten years, plus the name of the court or other body before which the evidence was given; and j. identify each book, article, paper, or public statement by the expert which relates to the subject matter of the witnesss expertise. 9. Identify all insurance policies which may afford coverage with respect to the matters complained of. State the insurer, nature of policy, deductible, limits per occurrence and in the aggregate, and any provisions relating to the computation of the limits in the case of a class action or where multiple claims are involved. 10. Provide the following information for all credit agreements entered into by Reckless between January 1, 1986 and the present which (a) were secured by residential property in Illinois and (b) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method: the full name, home and business addresses, and telephone number of each obligor. 11. Provide the following information for all credit agreements purchased by Reckless which (a) bear dates between January 1, 1986 and the present, (b) were secured by residential property in Illinois and (c) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method: the full name, home and business addresses, and telephone number of each obligor. 12. Provide the following information for all credit agreements dated after January 1, 1986 with respect to which Reckless has used the Rule of 78s in computing the amount due upon voluntary prepayment or acceleration: a. full name, home and business addresses, and telephone number of each obligor; b. amount of finance charge due on each agreement as computed by Reckless; c. amount of finance charge which would have been due on each agreement had the actuarial method been utilized. 13. Identify all other judicial or administrative proceedings (not involving the undersigned counsel) in which Reckless was accused of fraud, unlawful or deceptive trade practices, violation of laws regulating the terms of credit transactions, consumer fraud or consumer protection violations, and/or violation of laws requiring disclosures to consumers, or in which the court declined to enforce any portion of the amount claimed to be due to Reckless on the grounds that it was unlawful or unconscionable. State (a) the full name and docket number of the proceeding, (b) the court or other tribunal before which it was pending, (c) the nature of the proceeding, and (d) its outcome.

13

Appx. H.4.2

Consumer Class Actions: A Practical Litigation Guide

14. Identify and provide the following information for each person who was an officer or director of Reckless during any portion of the period from January 1, 1986 to the present: a. full name; b. home and business addresses and telephone number; c. whether currently an officer or director; d. positions held; e. if not currently an officer or director, social security number and exact date of birth. 15. Identify and provide the following information for each employee of Reckless who participated in originating credit agreements, purchasing credit agreements, or computing amounts due upon prepayment or acceleration of credit agreements, during any portion of the period from January 1, 1986 to the present: a. full name; b. home and business addresses and telephone number; c. job titles; d. whether currently employed by Reckless; e. if not currently employed, social security number and exact date of birth. 16. Identify and provide the following information for each attorney or law firm that advised Reckless during any portion of the period from January 1, 1986 to present with respect to the terms of the credit agreements it entered into or purchased: a. full name; b. home and business addresses and telephone number; c. whether Reckless is claiming reliance on the advice of such attorney in connection with this litigation; and d. if so, precisely when the advice in question was given and what it was. 17. State whether any person referred to in any of the preceding interrogatories or identified in response to any of the preceding interrogatories has been convicted of any criminal offense punishable by imprisonment in excess of one year or involving dishonesty, deception or false statement. If your answer is in the affirmative, name the person(s) involved and state the full name and docket number of the proceeding, the court before which it was pending, the nature of the charges, and the judgment or sentence imposed. 18. State whether Reckless has any policy or regular practice concerning the destruction, disposal and/or retention of any documents requested herein. If so, describe such policy or practice in detail, stating the time period(s) for which documents are to be kept. [Attorney]

E.4.2 H.4.2 Requests for Production of Documents for Production of Documents


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION PATRICIA ADAMS, on behalf of herself and all others similarly situated, Plaintiff, v. ) ) ) ) ) ) ) ) )

RECKLESS SAVINGS AND LOAN, ASSOCIATION, and PREDATORY ) FINANCE COMPANY ) Defendants. ) )

PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff Patricia Adams (Mrs. Adams) hereby requests that defendant Reckless Savings & Loan Association (Reckless) respond to the following document requests. Documents are to be produced at the office of plaintiffs counsel, where they will be copied and promptly returned. Unless otherwise specified in a particular paragraph, the time period covered by this request is January 1, 1986 to the present. Other instructions and definitions to be used in making your response are attached as Exhibit 1 [not attached herein, but see sample instructions at Exhibit 1 at end of E.1.2, supra and sample definitions at Exhibit 1 at end of E.1.1, supra]. If any paragraph of this request is believed to be ambiguous or unduly burdensome, please contact the undersigned and an effort will be made to remedy the problem. Throughout this request, credit agreement includes any note, loan agreement, or retail installment contract. DOCUMENTS REQUESTED 1. All documents describing, discussing or referring to the use of the Rule of 78s with respect to credit agreements secured by mortgages. 2. All credit agreements entered into or purchased by Reckless which (a) bear dates between January 1, 1986 and the present, (b) were secured by residential property in Illinois and (c) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method. 3. All credit agreements bearing dates after January 1, 1986 with respect to which Reckless has used the Rule of 78s or sum of the digits method in computing the amount due upon voluntary prepayment or acceleration. 4. All documents relating to the amount of unearned finance charges Reckless has obtained during any portion of the period from January 1, 1986 to the present. 5. All financial statements issued by Reckless at any time between January 1, 1986 and the present.

14

Sample Discovery
6. All insurance agreements and agreements in the nature of insurance (e.g., bonds, indemnification agreements) which may afford coverage with respect to the matters complained of, including all policies of errors and omissions insurance and comprehensive general liability policies in effect at any time between January 1, 1986 and the present. 7. All agreements between Reckless and Fix-It Remodeling Company. 8. All agreements between Reckless and any other party from which Reckless purchased credit agreements which (a) bear dates between January 1, 1986 and the present, (b) were secured by residential property of Illinois and (c) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method. 9. All filings made by Reckless with any regulatory agency (including the Department of Financial Institutions and the Office of the Savings & Loan Commissioner) between January 1, 1986 and the present. 10. All documents provided to Reckless by any regulatory agency between January 1, 1986 and the present. 11. All documents which refer or relate to Patricia Adams, or which are filed, indexed, stored or retrievable under her name, or under any identifying number, symbol, code or designation assigned to her. [Attorney]

Appx. H.4.3
less) respond to the following requests for admissions. Unless otherwise specified in a particular paragraph, the time period covered by this request is January 1, 1986 to the present. Other instructions and definitions to be used in making your response are attached as Exhibit 1 [not attached herein, but see sample instructions and definitions at Exhibit 1 at end of E.1.1, supra]. If any paragraph of this request is believed to be ambiguous or unduly burdensome, please contact the undersigned and an effort will be made to remedy the problem. Throughout this request, credit agreement includes any note, loan agreement, or retail installment contract. REQUESTS FOR ADMISSIONS 1. At all times between May 1, 1988 and July 1, 1989, Mrs. Adams resided in a single-family home which she owns at [address] Chicago, Illinois. 2. Fix-It Remodeling Company is not licensed by the Department of Financial Institutions. 3. During the period from January 1, 1986 to the present, Reckless purchased in excess of 100 notes which (a) were secured by residential property in Illinois and (b) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method. 4. During the period from January 1, 1986 to the present, Reckless entered into in excess of 100 loan agreements which (a) were secured by residential property in Illinois and (b) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method. 5. Reckless purchased in excess of 250 notes which (a) were dated after December 31, 1985, (b) were secured by residential property in Illinois and (c) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method. 6. During the period from January 1, 1986 to the present, Reckless entered into in excess of 250 loan agreements which (a) were secured by residential property in Illinois and (b) provided for the computation of finance charges upon prepayment using the Rule of 78s or sum of the digits method. 7. Reckless has used the Rule of 78s in computing the amount due for voluntary prepayment of credit agreements which provide for the use of the Rule of 78s upon prepayment. 8. Reckless has used the Rule of 78s in computing the amount due upon acceleration of credit agreements which provide for the use of the Rule of 78s upon prepayment. [Attorney]

E.4.3 Requests for Admissions H.4.3 Requests for Admissions


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ) ) ) ) ) ) v. ) ) RECKLESS SAVINGS AND ) LOAN, ASSOCIATION, ) and PREDATORY ) FINANCE COMPANY, ) Defendants. ) ) PATRICIA ADAMS, on behalf of herself and all others similarly situated, Plaintiff, PLAINTIFFS FIRST REQUEST FOR ADMISSIONS Plaintiff Patricia Adams (Mrs. Adams) hereby requests that defendant Reckless Savings & Loan Association (Reck-

15

Appx. H.5

Consumer Class Actions: A Practical Litigation Guide


RESPONSE: 9. Copies of all real estate tax assessments for any real estate owned by Defendant during the period from January 1, 2000, to the present. RESPONSE: 10. Copies of all business insurance applications for Defendant from January 1, 2000, to the present. RESPONSE: 11. Copies of personal property or use tax assessments and/or personal property tax documents led by or on the behalf of Defendant, from January 1, 2000, to the present. RESPONSE: 12. All prot and loss statements prepared by or for Defendant from January 1, 2000, to the present. RESPONSE:

H.5 Net Worth Discovery


UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ) LW, and all others similarly ) situated, ) Plaintiff, ) ) v. ) Case No.: CV) XYZ LEGAL GROUP, P.C., a ) Professional Corporation, et al. ) Defendants. ) ) REQUESTS FOR PRODUCTION TO DEFENDANT Plaintiff hereby requests that Defendant respond to the following document requests. [insert standard denitions and instructions] REQUEST FOR PRODUCTION OF DOCUMENTS Please produce at the office of the counsel for the plaintiff within thirty days of receipt of this pleading: 1. The partnership agreement, articles of incorporation, or other documents creating the Defendant. RESPONSE: 2. All minute books, stock record books, and other books and records showing the organization and ownership of Defendant. RESPONSE: 3. All state and federal tax returns that have been prepared or led on behalf of Defendant from January 1, 2000, to the present. RESPONSE: 4. All nancial statements that have been prepared by Defendant for any purpose or provided to any other party on behalf of Defendant from January 1, 2000, to the present, together with the qualications of the person(s) who prepared them. RESPONSE: 5. All bank account statements for all accounts maintained by DEFENDANT from January 1, 2000, to the present. RESPONSE: 6. All franchise or affiliate agreements to which Defendant is, or has been party to, from January 1, 2000, to the present. RESPONSE: 7. All loan or credit applications which Defendant has completed from January 1, 2000, to the present. RESPONSE: 8. All information relating to owner and/or officer compensation from Defendant from January 1, 2000, to the present.

13. All Balance Sheets prepared by or for Defendant from January 1, 2000, to the present together with related footnotes to balance sheets. RESPONSE: 14. Income Statements prepared by or for Defendant from January 1, 2000, to the present. RESPONSE: 15. Statements of Cash Flow prepared by or for Defendant from January 1, 2000, to the present. RESPONSE: 16. Statement of Retained Earnings prepared by or for Defendant from January 1, 2000, to the present. RESPONSE: 17. All accounting journals prepared, created or used by Defendant from January 1, 2000, to the present. RESPONSE: 18. Records of all Audits of Defendant done from January 1, 2000, to the present. RESPONSE: 19. All licensing agreements including but not limited to software licensing, use of database licensing. RESPONSE: 20. All information provided by Defendant for use by owners in an owners nancial statement or owners loan application from January 1, 2000, to the present. RESPONSE: 21. All information related to debts owed or repaid by Defendant and/or any other Defendant, to officers or owners from January 1, 2000, to the present. RESPONSE: 22. All information related to residual income of Defendant and/or

16

Sample Discovery
any other Defendant, from January 1, 2000, to the present. RESPONSE: 23. All documents showing or relating to the transfer of assets, equipment, liability, database, license, for use of database, merger, sale purchase of assets or other nancial relationship to or from Defendant and/or any other Defendant from January 1, 2000, to the present. RESPONSE:

Appx. H.5
24. All contract or retainer agreements between Defendant and any officer or owner of Defendant. RESPONSE: (Plaintiffs attorney) name address phone number

17