FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO MOTHER

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IN THE CIRCUIT COURT OF THE 11^TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA

 

In Re: The Matter of                                                               Case Number:

 

JACK KING,

 

Petitioner/Father,

and

 

JAMIE CROWN,

 

Respondent/Mother.

_________________________________/

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO MOTHER[1],[2]

Pursuant to Rule 12.350, Fla. Fam. L.R.P. and Rule 1.350, Fla.R.Civ.P., you are requested to produce for inspection and copying the documents and records set forth hereafter at the office of the undersigned attorney located at 2100 East Hallandale Beach Blvd., Hallandale, FL  33009 within the time prescribed by the applicable rule.

 

DEFINITIONS AND INSTRUCTIONS

 

As used herein, the words and phrases set out below shall have the meaning or meanings prescribed from them.

 

1. “Document” or “documents” shall mean every original (and every copy of any

original or copy which differs in any way from any original) of every writing or recording of any kind or description, whether handwritten, typed, drawn, sketched, printed or recorded by any physical, mechanical, electronic or electrical means whatever, including without limitation, books, records, computer listing, computer printouts, computer programs, and tapes upon which information is stored, papers, pamphlets, brochures, circulars, advertisements, specifications, blueprints, maps, plats, surveys, drawings, sketches, graphs, charts, plans, laboratory or engineering reports, notebooks, worksheets, reports, lists, analyses, summaries, ledger accounts, audits, inventories, tax returns, financial statements, profit and loss statements, cash flow statements, annual or other periodic reports, prospectuses, registrations, correspondence, communications, telegrams, solicitations, minutes, stock ledgers, stock certificates, licenses, permits, calendars, appointment books, diaries, telephone bills and toll call records, expense reports, balance sheets, accountant’s work papers, worksheets, commission statements, itineraries, agendas, payroll records, notes, memoranda including inter-office memoranda, checkbooks, canceled checks, receipts, contracts, agreements, instrument assignments, applications, offers, acceptances, proposals, financing statements, documents of title, appraisals, purchase orders, invoices, bills of

lading, written memorials oral communications, forecasts, photographs, photographic slides or negatives, films, filmstrips, tapes and recordings.

1. The term “you” or “your” shall mean the Mother, his/her employees, agents, legal

representatives, or corporations.

1. “Related to” or “relating to” shall mean directly or indirectly mentioning or

describing, pertaining to, being connected with, or reflecting upon a stated subject matter.

1. The singular shall include the plural and the plural shall include the singular.
2. A masculine, feminine or neuter pronoun shall not exclude the other gender.
3. If a request for production is silent as to the time span for which production is

desired, production shall be made of all documents for the past three (3) years continuing until the date of the production.

1. Each request shall extend to all documents which are or have been in the

possession or subject to the control of the Husband, his agents or employees at any time during the period of time covered by this request.

1. “Indemnification” or “Identify” when referring to a document, shall mean to set

forth the author or originator, addressee, signators, date, title or subject matter, and the present custodian of any copy thereof and the last known address of each such custodian.

1. The term “and” shall include the term “or” and the term “of” shall include the term

“and”.  The term “any” shall include the term “all” and the term “all” shall include the term “any”.

 

DOCUMENTS UPON WHICH PRIVILEGE IS CLAIMED

1. The place, approximate date, and manner of recording or otherwise preparing

the document;

1. The name and title of the sender; and the name and title of the person which

received the documents;

1. The name of each person or persons (other than stenographic or clerical

assistant) participating in the preparation of the document;

1. The name and corporation position, if any, of each person to whom the contents

of the documents have heretofore been communicated by copy, exhibition, reading or substantial summarization;

1. A statement of the basis on which privilege is claimed and whether or not the

paragraph of this Request is a separate enclosure, which should be marked with the ______’s name, date of the request and the paragraph of the request to which the documents respond.

 

DOCUMENTS TO BE PRODUCED

 

1. All bank statements, deposit slips, canceled checks, and check registers for

every checking account, savings account, money market funds, certificate of deposit and credit union accounts on which you have been authorized to write checks or withdraw funds.

 

2. All statements on any brokerage accounts in which you have an interest.

 

3. A copy of the trust instrument for any trust in which you are or were a settlor, grantor, trustee, co-trustee or beneficiary.

 

4. All insurance policies held by you or obtained for your benefit in any way including but not necessarily limited to all  policies of all motor vehicles or boats driven or used by you or your spouse or other members of your family, all policies covering in any way casualty, liability, theft or otherwise, all property including real or personal, all jewelry floaters, all hospital, medical, income or disability policies, long-term care, all of which were in existence.

 

5. All books and records of any and all pension plans, 401k Accounts, profit sharing plans, Keogh plans, I.R.A. accounts and other retirement or deferred earning accounts or plans, including but not necessarily limited to Forms 5329 or 5500 if applicable, in which you may be a participant, beneficiary, officer, director or trustee or in which you have any connection whatsoever which books and records should show all assets owned by said pension plan or program, and a copy of the schedule of all contributions made thereto.

 

6. All statements of account, and individual charge slip records, for any and all  credit cards and charge accounts which you had or used, whether personal or business, together with all statements, receipts, and annual summaries received by you in connection with the use of such credit cards and charge accounts, together with a list of all businesses where you are authorized to charge purchases to the account of another person or entity.

 

7. All stock certificates in any corporation in which you have an interest, whether closely held or otherwise, and whether listed on one of the stock exchanges or traded over the counter, or otherwise, inclusive of any warrants, options or commodity contracts.

 

8.   All bonds presently owned, and copies of any bonds which you owned.

 

9. Any rental statements for any safety deposit box or boxes which you have, had or used.

 

10. Copies of all written inventories, appraisals, lists and/or descriptions of personal property which has been prepared.

 

11. Any and all tax returns (whether State or Federal) including, but not limited to, U.S. Individual Tax Returns (Form 1040), Gift Tax Returns (Form 709), Estates and Trusts (Form 1041), and Partnership Income (Form 1065) and any requests for extensions thereto.  Any and all pending extensions and requests for extensions filed for any year requested herein.  Any and all IRS audit reports including, but not limited to, debt reports and debt repayment reports or plans.

 

1. All requests for extensions of any pending tax returns.
2. All evidence of payment of any quarterly or other tax for the past three (3) years, individually or in the name of any business entity that you are affiliated with.
3. Copies of all extension requests for filing for the past three (3) personal and corporate tax returns.

 

 

12.   Any and all leases which you have or have had on any residential or business property held by you individually or as joint tenants with any other person.

 

13.   All diaries and/or memorandum or writings in the nature of diaries for the recordation of the time, places, events and/or persons by date and/or time kept by you or on behalf of yourself.

 

14. Any and all records, reports, notes, audio or video tapes, photographs or other tangible items or records resulting from any investigation or surveillance of or involving any party or witness in this proceeding.

 

15. Any and all audio, video and computer tapes, photographs, records or documents which involve any of the issues in these proceedings not heretofore included above. Additionally, any and all computer records pertaining to financial information of the parties for the last three (3) years, including any ledgers, check registers, etc maintained on computer or other electronic media, including but not limited to Quicken, Quickbooks, Excel.  Kindly provide a computer disc containing the requested information together with a hard copy of the requested information.

 

16. Your passport.

 

17. With reference to any entity (corporate, trust or partnership) in which you have at least a 10% interest[3]:

 

 

1. All Federal tax returns and State tax returns filed or to be filed.
2. Any financial statements, whether rendered by an accountant or not:
3. Balance sheets;
4. Profit and loss statements;
5. General ledgers;
6. Accounts receivable and accounts payable list or ledgers;
7. Bank statements, deposit slips, checkbooks (registers), canceled checks;
8. Customer invoices;
9. Bills and invoices to support the following expenditures – accounting, auto, insurance, meals, entertainment, rent, employee benefits, taxes, and licenses;
10. Insurance polices;
11. Any profit sharing plan and/or pension plans, its current balance sheet and current profit and loss statement and current statement of operations, if any;
12. Real estate records;
13. Original books of entry;
14. Minute books;
15. Stock transfer ledgers;
16. Stock certificates;
17. Partnership agreements;
18. Any books, records, or other documents showing statement of financial position;
19. Stock ownership or stockholders;
20. Ownership of any tangible or intangible assets;
21. Buy-sell agreements and/or other documents concerning shareholders or partners; and
22. Any other corporate documents, papers and writings.

 

18. All statements from all airlines and/or credit cards received within a period of one (1) year preceding the date of production, which reflect all frequent flyer miles and/or advantage points earned or to which you are entitled from any airline and/or credit card company, whether in your individual name, or in the name of any entity.

 

19.   With reference to all lawyers, accountants, appraisers and other experts (including their firms) you have retained, hired, used or of whom you have availed yourself for services, directly or indirectly, with reference to these proceedings, all retainer agreements, engagement arrangements or contracts, and all statements, bills, invoices, canceled checks and other documents representing services rendered from any of the foregoing lawyers, accountants, appraisers and other experts and any documents evidencing the source of funds for the payment of all fees and costs paid by you or on your behalf.

 

20. Any and all documents relief upon by you in preparing your Financial Affidavit not otherwise produced pursuant to this schedule.

 

21. All documents reflecting cash or other expenditures including but not limited to bills, invoices, receipts, etc.

 

22. Any and all documents which you have in your possession which has your spouse’s handwriting on it, notations on it, or any documents prepared by your spouse or any documents that your spouse participated in preparing.

 

23. All documents which you have in your possession, care, custody, and control that relate in any way to the other party’s finances including but not limited to copies of bank statements, copies of deposit slips, canceled checks, pay stubs or any other documents.

 

24. All document including Will(s), Living Wills, Addendums, Codicils and probate documents relating to any estate which you have received, receive or intend to receive any monies.

 

25. A copy of your last will and testament.

 

26. All deeds to all real estate which you presently own or in which you have had an interest in, or in which any company you have had an interest in.

 

27. All documents or things which you may have removed or copies from the other party, including personal and business records, any items (provide a description).

 

28. All cellular phone records for the last two years.

 

29. The most recent statement of your estimated social security benefits or social security disability benefits as per the Social Security Administration.

 

30. Any and all documentation evidencing a parties’ receipt of any support, gifts, compensation, money, asses, whether loaned, gifted or transferred from any family member, relative and/or friend.

 

31. A copy of your credit report for the month proceeding the date of this request.

 

32. A copy of your employment contract (including your resume, employment contract, work schedule) and any documents in your possession evidencing the method in which compensation is determined and all documents evidencing income and benefits (including, but not limited to, health insurance, dental insurance, life insurance, child care, etc.) and loans received by you and any in-kind payments or reimbursements received by you since you commenced employment with your firm including but not limited to all payroll checks, bonus checks, distribution checks, etc.

 

33. Any and all documents evidencing vacations, trips and travel for you, individually or with others, including but not  limited to airline tickets, train and bus tickets, cancelled checks, hotels and motels and lodging expenses, meals and dinner expenses.

 

34. All documents reflecting any winning from any source including, but not limited to, casino, lotter and/or gambling facility.

 

All documents reflecting any winning from any source including, but not limited to, gold and silver.

 

 

All of these documents and information should be produced in an orderly manner consistent with generally accepted business practices of record keeping and photocopied.

 

            Additionally, you are hereby advised that under the Family Rules of Procedure set forth by the Supreme Court of Florida, you have a continuing duty to supplement or amend your answers, your financial affidavit, and your disclosure of documents, made pursuant to your response to a Request to Produce.

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was provided

to: XXXXXXXXX, Esquire, Attorney for Mother, XXXXXXXXXXXXXXX by e-service at:

XXXXXXXXX on this______day of XXXXXXX 20__.

 

LAW OFFICES OF LARRY D. SCHOTT

Attorney for Father

 

By:____________________________

LARRY D. SCHOTT

[1] If not otherwise set forth herein, all requests are for the last three years proceeding the date of the instant request and continuing until the date of production.

[2] To the extent, that there are any duplicate requests with any other documents request and the request herein, the documents need only be produced once.

[3]   This request applies to any business entity (whether professional association, corporation, “S” Corporation, limited liability company, limited partnership, limited liability partnership or any other form or organization structure) in which you have or had a least a 10% ownership interest, and which is either presently owned or was owned by you at any time within the last three (3) years.

 

Do You Have a Question?

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This document is a sample pleading related to a specific set of facts and circumstances and should not be used or relied upon for any family law matter. This document is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced divorce lawyer for professional advice as each case is unique.

To Learn About Larry Schott’s Qualifications as a Divorce Lawyer and Family Law Advocate, See His About Me Page.