This form is an answer to a request for admissions that may be used by either the petitioner or the respondent.
Minnesota Discovery - Answers to Request for Admissions - Pro Forma Language
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Minnesota
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MN-8312D
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FAQ
Similar to responses to Requests for Production, responses to Requests for Admissions do not have to be verified.Cost of proof sanctions are available against a party who denies a Request for Admission and the matter is proven at trial.
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.
Rule 36(a)(1) limits the types of requests to be limited to (A) facts, the application of law to fact, or opinions about either; and (B) the genuineness of any described documents. However, the rule places no limits on the number of requests which may be made of either litigant.
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.
Remember: A deemed admitted order establishes by judicial fiat, that a non-responding party has responded to the requests by admitting the truth of all matters contained there. Cal.
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.
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.
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.
A request to deem an opposing party's admissions true is made through a motion. A motion is a request made in a case asking the court to issue an order of some sort.
