cbaReport-Nov12 - page 10

10
l
November 2012 CBA REPORT
legal writer
B
B
eing “back in practice” after 30
years is sometimes frustrating.
Often comically.
Any day’s mail can bring gems such
as this:
Original
Pursuant to Rules 33 and 34 of the
Ohio Rules of Civil Procedure, Plaintiff
XXX propounds the following combined
interrogatories and request for produc-
tion of documents to the Defendant
YYY.
INSTRUCTIONS
1. All information is to be divulged
which is in the possession or control
or available to the party to whom
these interrogatories are directed,
and the party’s employees and
agents; and the interrogatories are to
be answered in writing, separately,
and under oath.
2. Pursuant to Rule 26 (E)(3) of the
Ohio Rules of Civil Procedure, these
interrogatories shall be deemed
continuing so as to require supple-
mentation of these responses to
include all information thereafter
acquired.
3. Space for your answers has been
provided beneath each interroga-
tory; should there not be sufficient
space to complete your answers, you
should complete it in sequence on
a separate appendix attached to the
answers and identified appropriately.
4. You are to return the completed
answers to these interrogatories to
counsel within thirty (30) days after
the date of service.
5. Where facts set forth in the answers
or portions thereof are supplied upon
information and belief, rather than
upon the Defendant’s knowledge,
the Defendant should so state, and
specifically identify and describe the
source or sources of such informa-
tion and belief.
6. The following interrogatories shall
be deemed to be continuing, and
any additional information, includ-
ing any conclusions, opinions, or
contentions that are different from
those set forth in these answers and
which you acquired any time after
answering these interrogatories shall
be furnished to Plaintiffs’ attorney,
ZZZ, promptly after such informa-
tion is acquired.
254 Words, Words-per-sentence 37.5,
Grade level 17.
Fixed:
Under Ohio Civ.R. 33 and 34,
Plaintiff XXX propounds the follow-
ing combined interrogatories and
request for production of documents
to Defendant YYY.
INSTRUCTIONS
1. You must disclose all informa-
tion that is in your possession
or control or available to you or
your employees and agents. The
interrogatories must be answered
in writing, separately, and under
oath.
2.Space for your answers has been
provided beneath each inter-
rogatory. If you need more space,
complete your answer on a
separate appendix attached to the
answers and identified appropri-
ately.
3.You are to return the completed
answers to these interrogatories
to counsel within 30 days after
service.
4.Where you allege facts upon in-
formation and belief, rather than
upon your knowledge, you must
so state, and specifically identify
and describe the sources of that
information and belief.
5.Under Civ.R. 26(E)(3), these inter-
rogatories are continuing. You
must supplement them to include
all later-acquired information. Any
additional information, including
conclusions, opinions, or conten-
tions that are different from those
in these answers must be promptly
furnished to XXX’s attorney, ZZZ.
175 Words, Words-per-sentence 15.4,
Grade level 12.
These were just the easy fixes:
under
for
pursuant to
;
Civ.R.
(the proper cite in
Ohio Courts) for
Ohio Civil Rule
; chang-
ing nominalizations back into their root
verbs:
supplement
,
not supplementation
;
deleting
deemed to be
; changing
which
to
that
(wrong twice); and taking out the
parenthetical numerical (never, ever, use).
Taking out redundancies saved a lot
By Judge (Ret.) Mark P. Painter
Back
in Practice
1,2,3,4,5,6,7,8,9 11,12,13,14,15,16,17,18,19,20,...36
Powered by FlippingBook