This form is the defendant's response to the plaintiff's request for addmissions in a personal injury action.
Montana Defendant's Response to Plaintiff's First Set of Request for Admissions
State:
Multi-State
Control #:
US-PI-0193
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Defendant's Response To Plaintiff's First Set Of Request For Admissions?
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FAQ
Rule 10 ? Death or Removal of Attorney. (c) Such notice may be by personal service or by certified mail to said party's last known address. (d) If said party does not appoint another attorney or appear in person within twenty-one days of the serve or mailing of said notice, the action may proceed to judgment.
A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem -- or issue another appropriate order -- to protect a minor or incompetent person who is unrepresented in an action.
The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.
A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney, but, unless the court shortens the time, a defendant shall not be required to serve ...
(a) The party to whom the requests for admission are directed shall sign the response under oath, unless the response contains only objections.
The provisions of Rule 36 make it clear that admissions function very much as pleadings do. Thus, when a party admits in part and denies in part, his admission is for purposes of the pending action only and may not be used against him in any other proceeding.
Typically, you may admit, deny, or claim that you neither admit nor deny a request. You may also partially agree with the request and disagree with the other. In such a case, you must indicate which part you admit to and which part you deny in your response.
You have 30 days to respond to a Requests for Admission. If you were served by mail, you typically have 35 days from the date of mailing to respond.