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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.
Pursuant to Rule 36 of the North Carolina Rules of Civil Procedure, any party to a lawsuit may serve written ?Requests for Admissions? on any other party. Many Plaintiffs' attorneys will serve Requests for Admissions with the Complaint and Summons.
Generally, a request for production asks the responding party to make available the original documents, but a requesting party may permit photocopies of the requested documents be sent instead, if inspection of the original document is not necessary.
A Request for Admission asks the other side in your case to admit that a fact is true or that a document is authentic. If the other side admits that something is true or authentic, you will not need to prove that at trial. This can make your trial faster and less expensive.
If you do not, the requesting party may file a motion to have the facts deemed admitted by the court, or a motion to compel further responses, both of which may carry sanctions (monetary penalties) against you.
For example, Plaintiff may send Defendant a request for admission that states, ?Admit that the front of the vehicle you were operating struck the front of the vehicle the Plaintiff was operating on the date of the car crash.?
Oftentimes, the defense will request that the victim provide both the production of documents or ?discovery requests.? Each party can request that the other side answer questions regarding evidence that is admitted in the case. Typically 40 requests for admission are allowed for each side.
Requests for admissions may be used to (1) establish the truth of specified facts, (2) admit a legal conclusion, (3) determine a party's opinion relating to a fact, (4) settle a matter in controversy, and (5) admit the genuineness of documents.