Requests for admissions are part of discovery, which is the formal legal term for the process by which parties to a civil lawsuit exchange information before a case goes to trial. Civil court trials rarely involve any “surprise” evidence that a party doesn’t know about beforehand. The discovery process is designed to ensure that both parties are aware of and have access to each other’s evidence before they go to trial. This exchange of information ensures that each party can adequately prepare for trial.
A civil litigation lawyer at Evans Kingsbury LLP can help you through the often complex and lengthy process of sending discovery requests to the other parties, responding to discovery requests, and resolving discovery disputes. If you are facing a civil lawsuit involving discovery, contact us today at (707) 596-6090 and see how we can assist you with your legal matter.
Defining Requests for Admissions
You can use requests for admissions to ask another party certain types of questions. For instance, you can ask a party to admit whether specific facts related to a lawsuit are true. You also can ask another party to admit that certain documents are authentic. If the other party admits that the facts are true or the documents are authentic, you do not have to prove that those facts are true or the documents are authentic when you go to trial. As a result, requests for admissions can help you save time and money by reducing the number of disputed issues that a judge or jury must decide at trial.
Format of Requests for Admissions
Each request for admission must be straightforward and simple. California Code of Civil Procedure § 2033.060 prohibits parties from making requests for admissions that ask parties to admit multiple facts, compound questions, or subparts.
Failing to Respond to Requests for Admissions
If a party fails to respond to requests for admissions, the requesting party can ask the court to deem each of the facts true. In other words, it will be just as if the party admitted that all the facts asked about in the requests for admissions are true. In some instances, if a party fails to admit a specific fact and the requesting party proves that fact at trial, the requesting party might be able to seek recovery of the cost of proving that fact. Therefore, responding to requests for admissions within the appropriate timeframe is critical.
Limits on Requests for Admissions
In an unlimited civil case, or a case worth more than $25,000, California law allows a party to make up to 35 requests for admissions. If a party makes more than 35 requests, the requests must be accompanied with a declaration of necessity or a sworn statement that additional requests for admission are necessary.
Contact Evans Kingsbury LLP to Learn How We Can Help
A civil litigation attorney at Evans Kingsbury LLP is here to guide you through every step of your court case, from beginning to end. Whether you are filing a lawsuit against someone else or defending yourself against a lawsuit someone has filed against you, we are here to help. No matter the subject of your civil lawsuit, you will need legal representation to protect your rights throughout your legal proceedings. Contact the offices of Evans Kingsbury LLP today by calling (707) 596-6090 or visiting us online to learn how we can help.