This form is a sample plaintiff's first set of requests for admissions to defendant regarding an automobile accident.
California First Set Of Requests For Admissions Propounded By Plaintiff to Defendant
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Multi-State
Control #:
US-PI-0270
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Word;
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How to fill out First Set Of Requests For Admissions Propounded By Plaintiff To Defendant?
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FAQ
Timeframe for discovery If you are the plaintiff, you can begin discovery 10 days after you serve the first papers in the case or anytime after the defendant files a response. If you are the defendant, you may begin discovery as soon as the case is filed.
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.
2030.210. (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following: (1) An answer containing the information sought to be discovered. (2) An exercise of the party's option to produce writings.
In an unlimited civil case (cases over $25,000), each party may make 35 requests for admission. Any number over 35 may be asked if the request contains a declaration of necessity, a sworn statement in which the party or attorney declares under penalty of perjury that additional discovery is required.
Section 2033.030 - Number of admissions requested (a) No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. If the initial set of admission requests does not exhaust this limit, the balance may be requested in subsequent sets.
(a) Any matter admitted in response to a request for admission is conclusively established against the party making the admission in the pending action, unless the court has permitted withdrawal or amendment of that admission under Section 2033.300.
CCP § 2031.310(c) [Notice must be given within 45 days of the response or supplemental response.] If necessary, a propounding party can request a specific date for the motion to compel beyond the 45 days, as long as the parties agree.
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.