Sample Letter to Client regarding Request for Admissions to Answer
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FAQ
When responding to Requests for Admissions, remember to answer as follows: Admit: If any portion of the Request for Admission is true then you must admit to that portion of the request. You are also allowed to have a hybrid response admit the part of the request that is true while denying another part.
2033.210. (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request. (b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.
In a civil action, a request for admission is a discovery device that allows one party to request that another party admit or deny the truth of a statement under oath. If admitted, the statement is considered to be true for all purposes of the current trial.
Each request must be numbered consecutively. The first paragraph immediately shall state he identity of the party requesting the admissions, the set number, and the identity of the responding party. Each request shall be separately set forth and identified by letter or number. C.C.P.
It is possible to object to all or part of a request as well, but courts do not like parties who play word games to avoid responding.A responding party can qualify an answer or deny only a part of the matter of which an admission is requested, and admit the remainder of the request.
Similar to responses to Requests for Production, responses to Requests for Admissions do not have to be verified. It is critical to respond to Requests for Admissions because failure to respond results in the requests being deemed admitted without the need for a motion to have the responses established as admitted.
A request for admission (sometimes also called a request to admit) is a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein. Requests for admission are part of the discovery process in a civil case.
When responding to Requests for Admissions, remember to answer as follows: Admit: If any portion of the Request for Admission is true then you must admit to that portion of the request. You are also allowed to have a hybrid response admit the part of the request that is true while denying another part. See C.C.P.
