breach-of-contract tennessee interrogation
INTERROG/REQ FOR PROD
<p>I been sued for small claim court. small claim court has dismissed the case already but plaintiff went to circuit court (appeal). I received a "INTERROG/REQ FOR PROD" from plaintiff (Under Tennessee rule 33 &amp; 34). He requested following things:</p>

<p>1 - my name, date of birth, place where I work, job title, where I lived in last 10 years</p>

<p>Question: Aren't these my personal identify information? Under which privacy law I can decline to provide my date of birth, and last 10 year residential history?</p>

<p>2 - plaintiff has requested to provide him call history or any communication I had with other defendant? </p>

<p>Question: am I obliged to provide it?</p>

<h2>Edit</h2>

<p>Case is about verbal contract. However, there was no verbal contract at all. Plaintiff presented a contract in small claim court with a company where he had put my name without my knowledge and I never provide consent that when he signs the contract with a company, he can put my name on it. Even small claim court judge said, this is illegal and she can send plaintiff to jail for this. However, judge dismissed the case. Under law this is forgery, can I counterclaim for this criminal act if the case is about civil breach of contract? Can I deny to provide him all personal information on the grounds that he already committed forgery.  </p>

<h1>No, you are not obligated to provide the requested information. </h1>

<p>You're out of trial court and into the court of appeals, where the civil discovery rules have basically no effect. </p>

<p>If the case gets kicked back to the trial court, you would likely be required to respond truthfully. </p>

<p>To cover your bases and look responsible, the most proper thing to do would probably be to respond to the discovery requests, but answer with nothing but an objection to the requests on the basis that the Rules of Civil Procedure do not apply after the case has been dismissed. At that point, the burden is on the other party to make a motion to compel, which he probably won't do. And if he does, I'd expect the court to deny it summarily based on the dismissal.</p>

<p>There's nothing private about what you listed in #1; that's all publicly available information.</p>

<p>You can try to file an objection on the grounds of relevancy or proportionality, though we don't know the details of your case to say whether these would be appropriate or successful.</p>

<p>If this case has left small claims, you should be consulting with an attorney.</p>
