Dear [Client's Name], Subject: Request for Admissions to Answer in Indiana Case [Case Number] I hope this letter finds you in good health and high spirits. My purpose in writing to you today is to provide you with a detailed description of the Request for Admissions to Answer that has been filed in your Indiana case [Case Number]. In litigation proceedings, requesting admissions is a crucial step. It allows us to obtain admissions or denials of certain facts from the opposing party, which can greatly impact the direction and outcome of the case. By requesting admissions, we aim to narrow the issues in dispute, save time, and reduce costs associated with unnecessary litigation. Here in the state of Indiana, the process for requesting admissions is governed by the Indiana Rules of Trial Procedure, specifically Rule 36. This rule grants parties the right to serve written requests for admissions to the opposing party, who then has 30 days to admit or deny the statements or allegations contained within. Upon receiving the Request for Admissions from opposing counsel, it is important to understand the various possible responses you can provide: 1. Admission: If you admit a particular statement or allegation, it means you agree that the statement is true, and it is considered a fact for the purposes of the case. 2. Denial: If you deny a particular statement or allegation, it means you dispute its truthfulness or accuracy. This signifies that the fact in question remains disputed and may require further evidence or arguments. 3. Objection: If you believe that a specific request for admission is improper, irrelevant, or ambiguous, you have the right to object. In such cases, you should provide a clear and detailed explanation for your objection. 4. Lack of Knowledge: If you genuinely lack the necessary information or knowledge to admit or deny a particular statement or allegation, you may state that you lack the information and therefore cannot admit or deny at that time. It is crucial to note that each admission or denial must be made in good faith and based on a reasonable belief. If you later discover that a previously admitted fact is untrue or your denial was incorrect, it is important to promptly notify us, so we can take appropriate actions to rectify the situation. Please note that the consequences of failing to respond to the Request for Admissions within the specified timeframe can be detrimental to our case. If a response is not provided within the mandated 30-day period, the statements or allegations may be deemed admitted by default. In conclusion, it is of utmost importance that you carefully review the Request for Admissions and provide accurate and timely responses. Our legal team is here to guide you through this process and address any concerns or questions you may have. Your active participation is vital to the success of our case. Should you require additional information or assistance, please do not hesitate to contact our office. We remain committed to representing your best interests and obtaining a favorable outcome in your Indiana case. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Law Firm's Name] [Contact Information]
Indiana Sample Letter to Client regarding Request for Admissions to Answer
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FAQ
The circumstances are rare in which a Party can avoid answering a Request for Admission. Unlike an Interrogatory where you can object and not answer, there are serious consequences for not admitting or denying an answer without a valid objection or privilege. An objection requires a legal objection such as: Hearsay.
The most common discovery objection our lawyers see is the objection that the interrogatories are not relevant to the litigation or are too burdensome to answer. Another objection our attorneys see frequently because we asked detailed questions that pin down defendants is that the request calls for a legal conclusion.
A party may object to interrogatories when being required to answer would result in ?unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.? (Code Civ. Proc., § 2023.010(c).) 4. Unreasonably cumulative or undue burden and expense.
?Beyond the Scope? is an objection that an attorney can use at trial or in a hearing when the opposing attorney is examining a witness (other than on direct examination) in a way that goes into matters that were not asked about in the immediately preceding examination.
You may object if the request is asking for your analysis, strategy, or thinking about the case. A discovery request can ask what evidence the person knows, but cannot ask what a person thinks the evidence means. Sometimes called ?attorney work product,? and this objection applies equally to self-represented litigants.
Responses to Requests for Admissions The party to whom requests for admissions have been directed must respond separately to each item by admitting the truth of the statement, by denying the item, or by explaining why it cannot specifically admit or deny the item.
Opposition Papers and Your Optional Reply Papers If any opposing counsel or self-represented party opposes your motion, he or she may serve and file an opposition at least nine court days prior to your motion. No fee is required to file an opposition.
