6.4 Requests for Admission

Requests for Admission are a powerful discovery tool in civil litigation. They help narrow issues, establish uncontested facts, and streamline the trial process. By obtaining formal admissions from the opposing party, lawyers can reduce costs and focus on genuinely disputed matters.

Crafting effective requests requires careful drafting and strategic timing. Responses must be truthful and timely to avoid sanctions. Admissions significantly impact trial scope, evidence presentation, and overall case strategy. Failing to respond properly can result in automatic admissions and court interventions.

Requests for Admission in Civil Litigation

Purpose and Function

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• Narrow issues in dispute and streamline trial process by obtaining formal admissions from opposing party
• Establish uncontested facts reducing need for extensive evidence presentation at trial
• Authenticate documents, verify information accuracy, or confirm applicability of laws to specific case facts
• Elicit conclusive responses rather than gather new information unlike other discovery methods
• Reduce litigation costs by eliminating need to prove certain facts at trial
• Expedite resolution of cases by focusing on genuinely disputed issues
• Serve as basis for summary judgment motions when admissions resolve key factual disputes
• Facilitate settlement negotiations by clarifying agreed-upon facts between parties

Strategic Use in Litigation

• Typically employed later in discovery process after other methods have uncovered relevant facts
• Used to confirm or deny specific allegations in pleadings
• Helpful in complex cases with numerous technical or scientific facts (medical malpractice, product liability)
• Effective for establishing foundation for admissibility of evidence at trial
• Can be used to test strength of opponent's case by requesting admissions on key elements
• Useful for pinpointing areas of agreement and disagreement between parties
• May be employed to establish damages calculations or liability percentages in certain cases

Drafting and Responding to Requests for Admission

Drafting Requirements

• Craft clear, concise, and individually numbered statements of fact or application of law to fact
• Limit each request to single fact or application of law avoiding compound or confusing statements
• Ensure requests are relevant to case and not unduly burdensome
• Draft requests with specificity to elicit meaningful admissions (dates, amounts, specific actions)
• Include requests for admission of genuineness of documents when appropriate
• Consider strategic timing of requests in relation to other discovery efforts
• Tailor requests to address key elements of claims or defenses in the case
• Avoid argumentative or prejudicial language in drafting requests

Response Guidelines

• Answer each request separately and fully in writing under oath within specified time frame (typically 30 days after service)
• Limit responses to four options: admit, deny, object, or state in detail why unable to truthfully admit or deny
• Provide specific objections based on relevance, privilege, or form of request when necessary
• Respond truthfully and in good faith to avoid potential sanctions
• Consider partial admissions or qualified denials when appropriate
• Consult with counsel before responding to ensure strategic alignment with case theory
• Maintain consistency between responses and other discovery responses or pleadings
• Review responses carefully before submission to ensure accuracy and completeness

Effect of Admissions on Trial Scope

Impact on Evidence and Proof

• Conclusively establish admitted matters for purposes of pending action
• Relieve requesting party of burden to prove admitted facts at trial
• Require requesting party to prove denied matters maintaining original burden of proof
• Narrow scope of trial by eliminating need to present evidence on admitted facts
• Limit scope of proof needed for specific issues in cases of partial admissions or qualified denials
• Extend effect of admissions to all parties in case not just admitting party
• Restrict use of admissions to pending action generally preventing use in other proceedings
• Allow parties to focus resources on genuinely disputed issues during trial preparation

Strategic Considerations

• Evaluate potential impact of admissions on overall case strategy
• Consider how admissions might affect witness testimony and cross-examination
• Assess influence of admissions on jury's perception of key issues
• Analyze potential for admissions to support or undermine expert opinions
• Determine how admissions might affect presentation of demonstrative evidence
• Contemplate use of admissions in opening and closing statements
• Evaluate admissions' potential impact on damages calculations or liability determinations
• Consider how admissions might affect settlement negotiations or alternative dispute resolution efforts

Consequences of Failing to Respond to Requests for Admission

Automatic Admissions and Court Interventions

• Result in automatic admission of matters stated in requests when failing to respond within specified time frame
• Allow court to permit withdrawal or amendment of admissions if it promotes presentation of case merits without prejudicing requesting party
• Treat inadequate responses (evasive answers, improper objections) as failures to respond potentially resulting in deemed admissions
• Impose sanctions for failure to respond or inadequate responses including monetary penalties or issue preclusion
• Require payment of reasonable expenses (attorney's fees) incurred in proving matter later if party fails to admit matter proven true
• Significantly impact case outcome by establishing unfavorable facts or increasing litigation costs
• Potentially lead to adverse summary judgment rulings based on deemed admissions
• Allow court to order compliance with requests and impose additional sanctions for continued non-compliance

Mitigation and Strategic Responses

• Promptly seek extension of time to respond if unable to meet deadline
• File motion for protective order if requests are overly burdensome or irrelevant
• Move to withdraw or amend admissions as soon as failure to respond is discovered
• Provide detailed explanation for inability to admit or deny when responding to difficult requests
• Seek clarification from requesting party for ambiguous or unclear requests
• Consider stipulating to certain facts to demonstrate good faith and potentially avoid sanctions
• Prepare for potential motions to compel or motions for sanctions related to inadequate responses
• Evaluate overall impact of potential deemed admissions on case strategy and settlement posture