DISCOVERY 101 – RESPONDING TO REQUEST FOR ADMISSIONS

1.  TIME LIMIT FOR RESPONDING TO REQUEST FOR ADMISSIONS:

You have 30 days from the date of service to respond to Request for Admissions. Check the Proof of Service to determine the date the Request for Admissions were sent to you. You can request an extension of time to respond, but make sure you confirm any extension in writing. Unless the extension specifically states otherwise, an extension of time preserves your right to respond with an objection.

The effect of a late response can mean that all of the requests will be deemed admitted. For example, the request for admission can say “Admit that you have no defense.” If you fail to respond to that request, the other side can motion that the request be deemed admitted. You may also be subject to sanctions. If you think you will need more time, then call the other side to request an extension or file a motion to request that the court grant you an extension.

2.   WAYS TO RESPOND TO REQUEST FOR ADMISSIONS:

You must respond separately to each request. You cannot say “see above” or “see response to request number 1.” Those are unacceptable responses.

(A)  You must admit, deny, or object to each request.

(B)  You can partially admit or deny portions of the request.

(C)  You can also state that you lack sufficient knowledge or information to admit or deny the request. However, if you choose state you lack sufficient knowledge or information, YOU MUST ALSO STATE WHAT EFFORTS YOU MADE TO OBTAIN THE REQUISITE KNOWLEDGE OR INFORMATION. You cannot use that response as a way out of properly responding.

HINT: Sometimes requests are strangely worded. Look at the request and ask, “Is this statement true or false?” If it is true, admit the request. If it is untrue, deny the request. If part of it is true, admit that part that is true and deny the rest.

You do not have to retype the entire request out when you respond, but it makes it a lot easier to read if the request is typed out and followed by the response.

CHECKLIST FOR RESPONDING TO REQUEST FOR ADMISSIONS:

Step One: Identify who the responding party is.

Step Two: Identify who the propounding party is. (Propounding means the party that sent you the requests).

Step Three: Respond in writing: admit, deny, partially admit or deny, object, or state lack of sufficient knowledge or information.

Step Four: Identify which set number of requests for admissions you are responding to.

Step Five: Respond to each request separately. Identify using the same number of the request you are responding to. The text of the request does not need to be repeated; however, I feel that it is courteous to do so.

Step Six: Verify your Response.

This checklist is based upon the California Code of Civil Procedure Section 2033.210-2033.230.

For more information on Request for Admissions please click here.

Disclaimer: The contents on this blog are informational only and not meant, intended, nor should be considered legal advice, advertisement, or solicitation for business. The material posted on this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

Furthermore, the information contained on this blog is not specific to any particular set of circumstances. All links to outside information are meant to provide further information on the topic addressed, I make no warranties, express or implied, as to the accuracy of the information contained herein or in the attached links.

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