fraud

Form 6.6: Interrogatories - Fraud

[Plaintiff to Defendant]

1. Did you make the following statement [or a statement similar to the following] to the Plaintiff on or about ____________, 20 __?

____________________________________________________________________________________________________________________________________________________________________________________

If your answer is anything other than an unqualified “No,” please set forth the following information specifically and in detail:

A. State in detail the surrounding circumstances that caused you to make the statement.

B. For each person who was present at the time the statement was made, set forth his or her name, address, occupation and relationship to the parties.

C. Set forth the name, address, occupation and relationship to the parties of every person having knowledge or information of the facts and representations contained in the statement.

D. Is the above statement true or false?

E. Did you believe that the above statement was true at the time that you made it? If so, identify and describe with particularity every fact, writing, item of evidence or information to support the claim that you believed the statement to be true at the time you made it.

F. Did you intend that the Plaintiff should believe the above statement at the time that you made it?

G. Did you intend that the Plaintiff should rely upon the above statement at the time that you made it?

H. Did the Plaintiff rely on the above statement and take actions or make decisions based upon the statement?213

2. Are you presently aware of any facts, evidence, documents, writings or information of any kind that support the truth of the statement contained in the preceding interrogatory? If your answer is anything other than an unqualified

213 Consider using a Request For Admission to obtain this.

“No,” please describe in detail and provide specific information with respect to each such fact, item of evidence, document, or writing; also, please provide the name, address and relationship to the parties of each person possessing same.

3. Are you presently aware of any facts, evidence, documents, writings or information of any kind that contradict the truth of the statement contained in the preceding interrogatory? If your answer is anything other than an unqualified “No,” please describe in detail and provide specific information with respect to each such fact, item of evidence, document, writing or information; also, please provide the name, address and relationship to the parties of each person possessing same.

4. Did you have actual knowledge of the falsity of the subject statement before making it?

5. Do you contend that the Plaintiff had actual knowledge of the falsity of the subject statement before acting upon it? If so, please provide the following information:

A. Set forth each fact, item of evidence, document, writing or information that would support this contention; also, please provide the name, address and relationship to the parties of each person possessing same.

B. Set forth each fact, item of evidence, document, writing or information that would contradict this contention; also, please provide the name, address and relationship to the parties of each person possessing same.

6. Do you contend that the Plaintiff's reliance upon your statement was not justified? If so:



7. Do you contend that the Plaintiff could not have justifiably relied upon the statement? If so:



[Alternative Introductory Questions]

1[A]. Did you sign, ratify, promote or endorse the following statement contained in a document dated _________, 20 __ ?

____________________________________________________________________________________________________________________________________________________________________________________

1[B]. Did you verbally ratify, prompt or endorse the following statement:

____________________________________________________________________________________________________________________________________________________________________________________

[Defendant to Plaintiff]

1. With respect to the transaction involving ______________ , do you claim that the Defendant made any misrepresentation of any fact to you? If your answer is anything other than an unqualified “No,” then for each and every such fact please set forth the following information specifically and in detail:

A. The specific fact that was represented to you.

B. The method by which the communication was made. To the best of your memory, using quotation marks, indicate the precise words used during any conversation between you and the Defendant that involved the alleged representation.

C. The date and approximate time of the representation.

D. Do you contend that the representation was false? If so, set forth each fact, item of evidence, document, writing or information that would support this contention; also, please provide the name, address and relationship to the parties of each person possessing same.

E. Do you contend that the Plaintiff knew that the representation was false at the time that it was made? If so, set forth each fact, item of evidence, document, writing or information that would support this contention; also,

please provide the name, address and relationship to the parties of each person possessing same. F. Do you contend that the Plaintiff intended that you should rely upon the statement? If so, set forth each fact, item of evidence, document, writing or information that would support this contention; also, please provide the name, address and relationship to the parties of each person possessing same.

2. With respect to the transaction described in the preceding interrogatory, do you claim that the Defendant did not make a disclosure of all material facts to you? If your answer is anything other than an unqualified “No,” then for each and every material fact that was not disclosed to you, please set forth the following information specifically and in detail:

A. The specific fact that was not represented to you.

B. State why, specifically, you contend that the fact was material.

C. When and under what circumstances did you discover the fact?

D. Do you contend that the Plaintiff actively hid the fact from you? If so, set forth each fact, item of evidence, document, writing or information that would support this contention; also, please provide the name, address and relationship to the parties of each person possessing same.

E. Provide a detailed description of all efforts on your part to investigate or discover the material fact and the relevant circumstances surrounding it. Please provide specific dates and times in your answer.

3. Before acting upon the alleged information, did the Plaintiff have access to any information whatsoever that would have verified or refuted the information? If your answer is anything other than an unqualified “No,” then for each and every such item of information, please set forth the following:

A. Describe the information in detail and the circumstances leading to your discovery of it.

B. State all attempts that you made to obtain the information prior to acting upon the alleged misinformation (include names, dates, times and other relevant facts).

C. When, precisely, did you first become aware of the information?

8. What specific conduct did the Plaintiff engage in or refrain from engaging in as a result of the of the alleged misrepresentation by the Defendant? Is it true that

the Plaintiff would have engaged in the conduct, in any event, even if the representation had never been made?

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