Russell F. Wenk (024022)
Charles E. Trullinger (018936)
TRULLINGER & WENK, PLLC
1616 N. Litchfield Rd., Suite 215
Goodyear, AZ 85395
623-536-5500, Phone
623-536-1984, Fax
Attorneys for Petitioner
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA
In re the Marriage of:
SUZANNE KAY GIROD DeFRANE,Petitioner,
and
TODD DeFRANE,
Respondent / No. FC2010-000357
NON-UNIFORM INTERROGATORIES TO RESPONDENT
(Assigned to the Honorable M. Scott McCoy)
Pursuant to Arizona Rules of Family Law Procedure Rules 51, 60, 61 and 62 Petitioner, Suzanne DeFrane, submits to Respondent, Todd DeFrane, her Non-Uniform Interrogatories. Pursuant to Arizona Rules of Family Law Procedure Rules 60, 61 and 62 the Respondent, shall respond to the Non-Uniform Interrogatories set forth below and submit to the offices of TRULLINGER & WENK, PLLC, 1616 N. Litchfield Road, Ste 215, Goodyear, Arizona, 85395 within 40 days of the service of this discovery request upon Respondent’s counsel.
GENERAL INSTRUCTIONS FOR NON-UNIFORM INTERROGATORIES
A. All information is to be divulged which is in your possession or the possession of your attorneys, investigators, agents, officers, directors, employers, or other representatives. Where the word “you” is used, it is meant to include Respondent (to whom these interrogatories are directed) and Respondent’s attorneys, agents, officers, directors, investigators, employees, and other representatives.
B. Where an individual interrogatory calls for an answer which involves more than one part, each part of the answer should be clearly set out so that it is understandable.
C. As hereinafter used, the term “document” means every writing and record of every type and description, whether or not in the possession, custody or control of you, your agents, attorneys, or representatives, including but not limited to correspondence, memoranda, interoffice communications, written notes, telegrams, minutes of directors’ or committee meetings, reports, contracts, deeds, options, amendments, and addenda to contracts and options, licenses, invoices, ledgers, books of account, journals, vouchers, bank checks, charge slips, account reports, receipts, working papers, charts, graphs, indices, statistical records, stenographer’s notebooks, calendars, appointment books, pamphlets of the aforementioned categories or documents, photographic prints, transparencies, moving pictures, voice recordings, magnetic recordings of an kind, and every other device or medium on which or through which information of any type is transmitted, recorded, or preserved. The term “document” also means a copy where the original is not in your possession, custody or control, and every copy of the document if such copy is not an identical duplicate of the original.
D. “Identify all witnesses” means state the name and give the information set forth in Instruction “I” below, for each person having any knowledge of any facts called for by this interrogatory.
E. “Identify all documents” means clearly identify by date, title and all other means, each document (as previously defined) or other tangible thing or things, in the possession of, or which is known to the respondent of his attorneys to exist, that contains any information concerning any of the facts called for in the particular interrogatory, together with a brief summary of its contents. You may, in the alternative, attach copies thereof to your answers hereto. Should you not attach copies of such documents, also state (i) a description of the document sufficient to satisfy a request for production of documents, (ii) the author of the document, (iii) the dates of the preparation of the document and any mailing thereof, and on the fact thereof, (iv) the addressee(s) of the document, (v) the contents of the document, except give the information requested in Instruction “L” below if you claim any privilege, (vi) the names of any persons whose names or signatures appear in the document, and (vii) the person who has present custody and control of the document or any copies thereof.
F. “State all facts” means enumerate all the facts which you presently believe witnesses are aware of regarding the matters in the particular interrogatory and state the date of the occurrence of each such fact.
G. Where appropriate, and where the context admits, pronouns shall be deemed to designate the masculine, feminine, or neuter gender, and both the singular and the plural forms.
H. “Person” shall mean any individual, firm, corporation, association, organization or other entity.
I. Where an interrogatory requests that you identify a person, state (i) his or her full name, (ii) his or her present or last known address and telephone number, (iii) his or her present employer’s name and address, (iv) the name and address of the person or entity that was his or her employer at the time relevant to or referred to in each such interrogatory, and (v) if employed by a party to this action, the office or other position that he or she held with such party at all and any times material to such interrogatory.
J. In the event that your answer to any interrogatory is “not applicable” or any similar phrase or answer, explain in detail why that interrogatory is not applicable.
K. In the event that your answer to interrogatory is “do not know” or any similar phrase or answer, state where (location) the answer to that interrogatory might be found, and who (identity) might have any information concerning that interrogatory, and explain in detail all efforts made by you to obtain an answer to that interrogatory.
L. If you refuse to disclose information requested by an interrogatory on the basis of some privilege, state: (a) with respect to each oral communication (without stating the substance of the conversation), (i) the parties to the communication, (ii) other persons present during any part of the communication. (iii) the date(s), (iv) the place(s), (v) Whether any tape or memoranda was prepared concerning any part of the communication, and if so, (vi) the present location and custodian of each such tape or memoranda; and (b) with respect to each written communication (without setting forth the contents of the documents), (iv) the addressee(s) of the document, (v) the names of all persons whose names or signatures appear in or on the document, and (vi) the present location and custodian of each such document.
M. Space has been provided on the form of interrogatories for your answers. In the event the space provided is not sufficient for your answers to any question, please attach a separate sheet of paper with additional information.
N. The original and a copy of these interrogatories is served herewith. Complete the original and return it to the undersigned attorney, after attaching a Verification and Certificate of Mailing.
O. These interrogatories are intended as continuing interrogatories, requiring you to reasonably (no later than 15 days) submit a supplemental answer, setting forth and information within the scope of the interrogatories as may be acquired by you, your agents, attorney, officers, directors, employees, or representatives following your original answers. Demand is hereby made that all discovery responses be further supplemented incompliance with Rule 51.D. of the Arizona Rules of Family Law Procedure.
P. These General Instructions for Use are to be followed in answering all of the interrogatories. You must follow all instructions and divulge all requested information, which is in your possession or the possession of your attorneys, investigators, agents, employees, or other representatives.
NON-UNIFORM INTERROGATORIES
NON-UNIFORM INTERROGATORY NO. 1: Submit all information regarding the year, make, model and any and all other relevant information used to determine the value of the 2000 Wellcraft boat and it’s motor(s).
NON-UNIFORM INTERROGATORY NO. 2: Set forth in detail, your proposed parenting schedule for your minor children?
NON-UNIFORM INTERROGATORY NO. 3: What are your current regular work hours and/or schedule?
DATED this day of January, 2010.
TRULLINGER & WENK, PLLC
By: ______
Russell F. Wenk
1616 N. Litchfield Rd., Suite 215
Goodyear, AZ 85395
Attorneys for Petitioner
Original of the foregoing mailed
this day of January, 2010 to:
Tiffani Lucero
Sacks Tierney, P.A.
4250 N Drinkwater Blvd, 4th Fl
Scottsdale, AZ 85251-3693
Attorney for Respondent
BY:
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