Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

[pt2537]

Am I right in thinking you get this back?

 

Also just to confirm the CPR request should be sent as soon as the claim form arrives.

 

 

HAK

Yes you should recover the cost of such applications in normal circumstances

 

and yes, a request in whatever guise should be sent asking for information thats for sure, especially if the pleadings do not give sufficient information to compile a defence

[1littleduck]

In the time I have been a member of the site I have seeen a number of examples where a member is being forced along with a legal case in a situation where the creditor is unwilling from the outset to provide a legible copy of the agreement sued upon.

 

Sometimes they produce fuzzy copies. Sometimes they produce only part of the agreement, not all of it. Sometimes they don't produce it all and claim that owing to the decision in Rankine, they can proceed with the case regardless of whether they can bring the agreement into court.

 

The ability of the Defendant to know how best to deal with the claim they are required to meet is impaired where a legible copy of the entire agreement is unavailable from the outset. For example, they will not know whether to plead that the agreement is unenforceable. Pleading that it is unenforceable without actually having an opinion on whether it is or is not enforcerable could be dangerous. Pleading that it is unenforceable will place the onus of proving that fact upon the debtor. That may place an insurmountable obstacle in circumstances where later on in the case, something less than full disclosure of the agreement occurs, or where the creditor serves witness statements which are designed to present to the court a re-construction or version interpretation of the agreement.

 

I have seen a number of situations where the Defendant has been encouraged to deliver what is termed a CPR Request or CPR Part 18 request. Versions of the request I have seen often demand disclosure of documentary material akin to the kind of information sought in a Data Protection Act S.A.R - (Subject Access Request). Rarely do they genuinely seek Further Information by way of clarification of an issue raised in the case and which could not be dealt with during standard disclosure. As such, these requests have the habit of being refused as not being reasonable and proportionate. In cases where the sum involved is not more than £5,000.00, the Claimant answers by reference to CPR 27.2(f), saying that Part 18 does not apply.

 

Besides wishing to take an opinion on the agreeent, the Defendant will want to know whether to plead the default notice was ineffective, whether the Claimant's claim to have a right to sue as assignee of the debt is valid. If the agreement is unenforceable, the default notice is defective or the assigment is invalid, any one of these features will operate as a complete defence to the alleged liability.

 

In my view the proper thing for the debtor to do in those circumstances is to strike as quickly as possible; to go on the offensive and wrestle control of the case away from the Claimant by asserting rights which the Claimant must comply with before the Defendant becomes obliged to elect how to plead the Defence.

 

Such a right is found in CPR 31.14 and is concerned with the disclosure of documents mentioned in pleadings, the very place where the Claimant will refer to the agreement relied upon in even the most sparingly particularised claim.

 

I have therefore drawn up a draft of such a letter which I would recommend delivering to Claimants in a proper case so soon as possible after receipt of the Claim Form. It looks like this:

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

I hope this draft will prove useful to site members experiencing uncertainty as to how best to deal with the claim where they do not have what are highly relevant documents.

 

Next time, I will produce a draft application notice for when the Claimant fails to comply with a CPR 31.14 Request.

 

x20

Hi, can I send this even if the company has not stated any of the documents requested in their court papers?...the court papers just say it is a credit card debt.

[surfaceagentx20]

It's a moot point. CPR 31.14 requires a document to be 'mentioned' and a common example of a document being mentioned would be for example, the phrase 'agreement in writing'.

 

However where a Claimant expressly mentions in his Particulars of Claim a reference to a regulated agreement or to one which would plainly be an agreement regulated under the Consumer Credit Act 1974 (for example 'credit card agreement'), it seems to me that a case can be made out that mentioning the agreement in such terms is 'to mention a document' for else if it were not embodied in a document it would not be regulated and would fall foul of the provisions of Part V of The Act and Regulations thereunder.

 

That would not necessarily apply to other documents for example a default notice or notice of assignment. Again a default notice and notice of assignment will be in writing but the Claimant may not expressly mention these in the Particulars of Claim.

 

The point is this - seek the document under CPR 31.14 but be careful about applying for an order compelling disclosure of the document unless you are confident you can show the document you seek disclosure of is a 'document mentioned' in the Particualrs of Claim.

 

x20

[Harry May]

I am considering putting in a CPR 32.19 notice "Notice to Prove documents at trial" Form N268.

 

I have a trial date in a couple of weeks and the claimant's solicitor has admitted they do not have the original agreements and so have not allowed me to inspect the originals.

 

Or I am thinking of doing the following? It seems very confusing to me! any thoughts on this?

 

[e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to

(i) a copy of the procedure(s) used for copying, storing and retrieving documents

(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)[/font]

(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

Edited October 21, 2008 by Harry May

[surfaceagentx20]

Harry,

My approach would be to do nothing which might alert the opponent that their evidence might not be in apple pie order.

 

If in your case the opponent lacked a copy of a signed agreement, on the assumption the Claimant will seek to prove you entered into the agreement or agreed the terms the Claimant says were set out therein or whatever else may be relevant on the agreement, his only option will be to seek to rely on extraneous evidence from which to make a reconstruction of that agreement.

 

Documents do not have voices. Documents are produced by people. Documents are introduced as evidence at trial by witnesses referring to them in evidence by exhibiting them and testifying the truth and relevance of their contents.

 

If as you say, your trial begins in a couple of weeks time, the witness evidence upon which the Claimant intends to rely will already have been produced to you. Is that evidence sufficient on its own to set out a case by which the court might fairly conclude the terms and conditions applicable to your agreement were as the Claimant says they were? If not, too bad for the Claimant. If they go some distance towards this objective, ask yourself whether the witness who introduces the extraneous documentation demonstrates capacity to give first hand evidence of the truth and relevance of the documents. Does this witness say he or she produced the database entry or whatever other document is relied upon? Does the witness recall creating the database entry? He does? He remembers creating this particular entry 5 years ago, yet on average he creates 50 database entries each day? What else does he remember about the day he created the database entry? What is so distinctive about the database entry which enables him to recall its creation 5 years later? Was this witness even an employee of the Claimant at the time, or if an employee, an employee working in the relevant department at the Claimant's office? See where I'm going with the lines of questioning? I'm testing whether the witness has capacity to give first hand evidence of the facts he claims to have first hand evidence to offer.

 

The sensible lawyer working for the Claimant will appreciate that if he calls witness A to testify to the truth of a document produced by B, witness A will not be as reliable a witness as B would have been and that witness A's evidence will be pure conjecture or at best perhaps will be limited to 'I saw B produce the document'. Indeed, in the example just given I described the document as having been produced by B. Test whether there is any evidence that it was produced by witness B. Who says it was produced by B? How does A know it was produced by B, rather than say C or D? Why can't B come to court to give first hand evidence?

 

If a witness is unable to vouch for the truth of a document that person is giving hearsay evidence. Hearsay evidence is admissable (though weighted accordingly) so long as the party seeking to adduce it plays by the rules. The rules are set out in the Civil Evidence Act 1995 and CPR 33.

 

A party intending to rely on hearsay evidence must give notice of that fact under CPR 33.2. If an intention to rely on hearsay evidence is evinced, the notice will accompany the service of the witness statements.

 

If you have not received a notice under CPR 33.2, your opponent does not intend to rely on hearsay evidence. The moment the Claimant begins to demonstrate an intention to rely on hearsay at trial, object.

 

As far as CPR 32.19 is concerned, a party is deemed to admit the authenticity of a document unless that party gives notice that authenticity is not accepted by the service of a notice to prove. For the avoidance of doubt, admitting authenticity should not be confused with admitting the truth of the facts or matters set out in the document. Let us imagine the Claimant produces a default notice. Admitting authenticity would not prevent raising issues concerned with whether the notice was posted or received, complied with the Regulations or correctly stated the arrears mentioned in it. In short, authenticity is the opposite of fabricated. If your case is that the default notice is a fabrication, serve a notice under CPR 32.19.

 

The same goes for agreements. If the creditor produces a document he purports to be a true copy of the agreement you signed but which you claim in truth is a reconstruction, in other words a document which the Claimant has fabricated perhaps by the fusion of a number of records and other material in its possession, serve a notice under CPR 32.19. In reality, it would be an incompetent and foolhardy Claimant who reconstructed by fusion and claimed to have possession of the one genuine article and neglected to call evidence to demonstrate his reconstruction was made up of parts he cold prove were authentic and contained true facts.

 

Hope this helps.

 

x20

[MAGDA]

Hi x20, is it also possible to use CPR 32.18 - Notice to Admit Facts, if I am further along in proceedings and have missed the deadline for 31.14? I have not, as far as I am aware, received a DN from the OC or the DCA, and the ony reference the DCA has made to a DN is that one was sent (no specific date, etc) Magda

[surfaceagentx20]

Magda,

A Notice to Admit is ordinarily delivered towards the end of case preparation. It can be served up to three weeks before the start of the trial. You do not say how far the case has progressed but I assume you have now entered a Defence and have denied receipt of a DN? Has the case been allocated to track? Have case management directions been issued and if so, what are those directions and the timetable?

 

x20

[banker_rhymes_with]

Apologies X20, just adding this in response to a Post above by Tinkerbell20. This is just to clarify the N268 issue.

 

Serve a Notice to prove (N256)

 

Sorry for not spotting that earlier Tinkerbell20, I assume you meant N268? If so, that is indeed something I will use before I submit my Defence, along with a version of X20's CPR 31.14 Letter to ram the point home.

 

Thanks for that.

 

Cheers,

BRW

[surfaceagentx20]

BRW, there would be no purpose whatsoever in serving Form N268 prior to service of a Defence or indeed the disclosure of any documents to you under CPR 31. Form N268 relates to CPR 32.19 and in those circumstances I would postpone service of such a notice to the date when witness statements are exchanged.

 

x20

[banker_rhymes_with]

BRW, there would be no purpose whatsoever in serving Form N268 prior to service of a Defence or indeed the disclosure of any documents to you under CPR 31. Form N268 relates to CPR 32.19 and in those circumstances I would postpone service of such a notice to the date when witness statements are exchanged.

 

Phew, many thanks for that...you stopped me in time.

 

I'll just go ahead with the CPR 31.14 Letter alone, and get that in before I submit my Defence to the Court.

 

Cheers,

BRW

[MAGDA]

Magda,

A Notice to Admit is ordinarily delivered towards the end of case preparation. It can be served up to three weeks before the start of the trial. You do not say how far the case has progressed but I assume you have now entered a Defence and have denied receipt of a DN? Has the case been allocated to track? Have case management directions been issued and if so, what are those directions and the timetable?

 

x20

 

Hi x20, One of the claims has been allocated to small claims track, hearing date in December, I have submitted an amended defence and stated in both my holding defence and amended defence that I put the claimant to strict proof that a DN had been issued etc. Just want to be ahead of the game so to speak and to know for sure whether the claimant has any proof of default (by the OC) or not, and if so, what this proof is. The claimant stated in response to my defence (after being ordered by the court to do so) that a DN was sent by the OC, but nothing specific. No case management directions, just a date for the hearing. The second claim was struck out, recently reinstated as the claimant claimed not to have received any of the orders from the court and the judge therefore agreed to allow it to proceed. No hearing date yet for this, or track allocation. I appreciate any advice you can give on this, Magda

[Harry May]

I have only 2 and a half weeks before the trial date and as yet no witness statements have been exchanged (due in 10 days) Is this the right time to file the N268 form?

 

Does anyone know what information I should put on the form? Has anyone ever completed one of these before?

 

Any help greatly appreciated!

[surfaceagentx20]

Magda,

If the court ordered your opponent to formally respond to your Amended Defence by entering a plea to the issue whether a DN was served, that response is known as a Reply and is itself a statement of case. Check if the document is entitled Reply. If not, what title does it bear and does it contain a statement of truth? What words are used by the opponent in referring to the DN? Quote the relevant passage if you can please?

 

x20

[surfaceagentx20]

Harry,

Two and half weeks to go to trial with exchange of witness statements still 10 days off? How crazy's that?

 

What document(s) which your opponent has disclosed do you require him to prove? So far I've only seen reference to a document your oponent is unable to disclose.

 

x20

[MAGDA]

Hi x20, the document from the court stated the following "the claimant do file and serve a reply to defence in 21 days of service of this order" The claimant's response is worded as follows: "please find enclosed by way of service a copy of our reply to defence" The actual reference to the DN in their reply is worded as follows: "a default notice was served on each defendant, outlining the breach and the required remedial action. The defendants did not comply with the DN and the original creditor served a Calling in Notice upon the defendants" I had actually stated that the claimant be put to strict proof that a DN was issued in the prescribed format etc... in my defence. thanks for your help, Magda

Edited October 22, 2008 by MAGDA
typo

[surfaceagentx20]

OK Magda,

 

Here's a CPR 31.14 letter modified for use in relation to a DN mentioned in a Reply.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

I am in receipt of your Reply dated (date). Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each default notice delivered to each of the Defendants and mentioned in your Reply.

 

You must comply with this request notwithstanding the case has been allocated to the small claims track since the default notice is an integral feature of both your case and mine. You must ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Since I maintain I have not received a default notice, your CPR 31 duties extend to making a reasonable and proportionate search for the original default notices, the better for you to be able to verify your case and mine and the authenticity of the notices. Further, if you possess only a copy of the default notice, the original of which is now in the possession of a non-party, you will have a right to possession of that original and you must take immediate steps to recover and preserve it for the purpose of this case.

 

Where there is in your possession more than one version of either of the default notices owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request or fail to request more time, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I look forward to hearing from you.

 

yours faithfully

 

Try that.

 

x20

[Harry May]

X20,

 

As the claimant has admitted that they do not have the original CCA I want them to prove that the copy is a true copy of the original and also a true copy of the DN.

 

Harry

[MAGDA]

OK Magda,

 

Here's a CPR 31.14 letter modified for use in relation to a DN mentioned in a Reply.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

I am in receipt of your Reply dated (date). Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each default notice delivered to each of the Defendants and mentioned in your Reply.

 

You must comply with this request notwithstanding the case has been allocated to the small claims track since the default notice is an integral feature of both your case and mine. You must ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Since I maintain I have not received a default notice, your CPR 31 duties extend to making a reasonable and proportionate search for the original default notices, the better for you to be able to verify your case and mine and the authenticity of the notices. Further, if you possess only a copy of the default notice, the original of which is now in the possession of a non-party, you will have a right to possession of that original and you must take immediate steps to recover and preserve it for the purpose of this case.

 

Where there is in your possession more than one version of either of the default notices owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request or fail to request more time, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I look forward to hearing from you.

 

yours faithfully

 

Try that.

 

x20

 

This is absolutely fantastic x20, thank you so much for your help. We are certainly all keeping you busy tonight. I will get the letter off to Link tomorrow. Thanks again,

 

Magda

Edited October 22, 2008 by MAGDA
typo

[surfaceagentx20]

OK Harry, Let me chew on it. A subterannean weirdo has to have some beauty sleep too you know.

 

x20

Edited October 23, 2008 by surfaceagentx20

[Harry May]

I am considering putting in a CPR 32.19 notice "Notice to Prove documents at trial" Form N268.

 

I have a trial date in a couple of weeks and the claimant's solicitor has admitted they do not have the original agreements and so have not allowed me to inspect the originals.

 

Or I am thinking of doing the following? It seems very confusing to me! any thoughts on this?

 

[e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to

 

(i) a copy of the procedure(s) used for copying, storing and retrieving documents

(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)[/font]

(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

Thanks X20, but I am still a bit confused could I put this on the form aswell as use this in the amended defence? Just in case the amended defence is not accepted I will still have the CPR 32.19 notice.

 

Any thoughts on this?

 

Harry

[MAGDA]

Hi Surfaceagentx20, many thanks again for the cpr 31.14 letter you adapted for me. Just wanted to say to others going down this route that it does work! I sent the letter off with regard to two claims issued against us (originally four, but two were dropped earlier on). I received a letter from Asset Link today in response to one of them (this one had a date set for a hearing in Dec) and they state that the OC wishes to repurchase the debt and they are discontinuing the claim against us. Just waiting to hear back on the other one now. This is fantastic news and I can't thank you enough for your help. To anyone else in a similar situation, don't give up even if your defence does not appear particulary strong. Magda

[citizenB]

Hi Surfaceagentx20, many thanks again for the cpr 31.14 letter you adapted for me. Just wanted to say to others going down this route that it does work! I sent the letter off with regard to two claims issued against us (originally four, but two were dropped earlier on). I received a letter from Asset Link today in response to one of them (this one had a date set for a hearing in Dec) and they state that the OC wishes to repurchase the debt and they are discontinuing the claim against us. Just waiting to hear back on the other one now. This is fantastic news and I can't thank you enough for your help. To anyone else in a similar situation, don't give up even if your defence does not appear particulary strong. Magda

 

Wishes to repurchase the debt or are being told they HAVE to. Either way, this is a result Magda

[Having_A_Knightmare]

If the case is at the AQ stage is it to late to request the original using CPR31.14

[MAGDA]

Wishes to repurchase the debt or are being told they HAVE to. Either way, this is a result Magda

 

Hi, CB, yes, it is really good news. My husband and I were saying, they have had the debt for a number of years now, so strange the OC suddenly wants to buy it back out of the blue:rolleyes:, but we are just happy the court case won't be proceeding anyway. Best wishes, Magda

 

If the case is at the AQ stage is it to late to request the original using CPR31.14

 

I think it should still be fine to send a CPR 31.14, as my claims were even further along and in fact the claim that has been discontinued (still waiting to hear back on the other one) had a date set for the hearing, and the AQ stage was way back in June. You will probably just need to adapt the letter slightly so that it makes sense in your particular case. Surfaceagent has done us all a huge favour with this thread that's for sure. Magda

[surfaceagentx20]

Well, for one it's a means of demanding a right to physically inspect the original agreement. And for two, it's a means of pointing out to your creditor faced with a demand for physical inspection of the original but who ain't got the darn thing to show you, that you just launched a torpedo at them and unless they change course, sometime in the next seven days there's gonna be a big hole blast through their armoury.

 

Defendants should make maximum use of the right to physically inspect documents wherever possible. If all Defendants did that it might end the charade of creditors producing paper mock-ups.

 

x20