key term - Requests for Admission

Definition

Requests for admission are formal written statements sent from one party to another in a legal case, asking the receiving party to admit or deny specific facts related to the case. This process is a crucial part of the discovery phase, aimed at narrowing down the issues that will be presented at trial by determining which facts are undisputed. These requests help streamline the litigation process and encourage parties to settle without going to trial.

5 Must Know Facts For Your Next Test

1. Requests for admission must be answered within a specific timeframe, usually 30 days, or they may be deemed admitted if no response is provided.
2. These requests can cover any relevant matter that is not privileged, including the authenticity of documents and the truthfulness of particular facts.
3. Admitting a request for admission can significantly impact a case by narrowing the issues for trial and potentially leading to a quicker resolution.
4. Requests for admission are distinct from other discovery tools because they focus specifically on facts rather than seeking information or documents.
5. Responses to requests for admission can also be used as evidence in court, making it important for parties to consider their admissions carefully.

Review Questions

• How do requests for admission facilitate the discovery process and potentially impact the outcome of a trial?
  • Requests for admission streamline the discovery process by allowing parties to clarify which facts are agreed upon and which remain contested. By identifying undisputed facts early on, both sides can focus their arguments on the most relevant issues. This efficiency can lead to quicker settlements or more organized trials since it reduces the number of issues needing resolution at trial.
• In what ways do requests for admission differ from interrogatories and depositions in legal proceedings?
  • Requests for admission differ from interrogatories and depositions primarily in their purpose and format. While interrogatories are written questions requiring detailed responses under oath and depositions involve oral questioning of witnesses, requests for admission specifically ask parties to admit or deny discrete facts. This distinction makes requests for admission particularly effective at narrowing the scope of disputes before trial.
• Evaluate the strategic considerations that attorneys must keep in mind when drafting and responding to requests for admission during litigation.
  • Attorneys must carefully consider both the content and implications of requests for admission because admissions can have significant consequences on the case. When drafting these requests, attorneys should aim for clarity and relevance to ensure they effectively limit disputes. Conversely, when responding, they need to evaluate each request's impact on their client's position and potential liability, balancing between admitting indisputable facts and preserving their client's interests in contested areas.

Related terms

Interrogatories:

Written questions that one party sends to another party, requiring written answers under oath as part of the discovery process.

Deposition: A sworn out-of-court testimony given by a witness or a party in a legal case, usually recorded for later use in court.

Motion to Compel: A request made to the court asking it to order a party to comply with discovery requests, such as answering interrogatories or producing documents.