Monday Civil Litigation 101: Request for Admissionsby Attorney Judith Elaine Hoover on 04/09/12
MONDAY CIVIL LITIGATION 101: DISCOVERY METHODS
REQUEST FOR ADMISSIONS
1. WHAT IS A REQUEST FOR ADMISSIONS?
A requests for admissions acts like a true or false questionnaire. If the request made is true, or admitted, then you or the other side does not need to prove the matter at trial. Any matter that is false, or denied, has to be proven or disproven at trial.
There are two types of request for admissions, those relating to the genuineness of documents and those relating to facts.
2. HOW MANY REQUESTS FOR ADMISSIONS CAN I MAKE?
You are limited to 35 requests that do not relate to the genuineness of documents. The number of requests for admission relating to the genuineness of documents is not limited, except do not use that as an excuse to harass the other side. (California Code Civ. Proc., Section 2033.030)
3. WHAT CAN I REQUEST? ARE THERE LIMITS TO WHAT I CAN ASK ABOUT?
The California Code of Civil Procedure allows a party to a lawsuit to request admissions in order to:
-Admit the genuineness of specified documents, or
-The truth of specified matters of fact, opinion relating to fact, or application of law to fact.
-A request for admission may relate to a matter that is in controversy between the parties.
California Code Civ. Proc., Section 2033.010
4. HOW DO I WRITE A REQUEST FOR ADMISSION?
The California Code of Civil Procedure gives pretty clear guidelines on the form of a request for admission.
Number each request consecutively
In the first paragraph immediately below the title of the case, there shall appear the identity of the party requesting the admissions, the set number, and the identity of the responding party.
Each request for admission in a set shall be separately set forth and identified by letter or number.
Each request for admission shall be full and complete in and of itself. No preface or instruction shall be included with a set of admission requests unless it has been approved under Chapter 17 (commencing with Section 2033.710).
Any term specially defined in a request for admission shall be typed with all letters capitalized whenever the term appears.
No request for admission shall contain subparts, or a compound, conjunctive, or disjunctive request unless it has been approved under Chapter 17 (commencing with Section 2033.710).
A party requesting an admission of the genuineness of any documents shall attach copies of those documents to the requests, and shall make the original of those documents available for inspection on demand by the party to whom the requests for admission are directed.
No party shall combine in a single document requests for admission with any other method of discovery.
California Code Civ. Proc., § 2033.060
TIP: Use the code of procedure as a checklist to guide you as you draft the requests for admissions.
5. SAMPLE REQUESTS FOR ADMISSIONS
Admit that YOU breached the ________(contract, agreement, etc.) between YOU and PLAINTIFF.
Admit that YOU did not deliver the ______(goods, widgets, etc.) at the time specified in YOUR contract.
Admit that YOU did not slip and fall in DEFENDANT’s _____________(store, mall, etc.)
TIP: Before you begin drafting your requests for admissions, figure out what you need to prove or disprove for trial and then draft your requests accordingly.
KEYWORDS: CALIFORNIA CIVIL DISCOVERY, REQUESTS FOR ADMISSION, SAMPLE REQUEST FOR ADMISSIONS, CODE OF CIVIL PROCEDURE
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