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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.
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. See C.C.P.
However, most parties will specify that the responses to the RFAs are due 20 days from the date of the agreed order. If the non-compliant party fails to respond to the request for admissions within the allotted time, the response to the RFA should be deemed admitted.
If you are found to have improperly denied a request, the court may order you to pay all attorney's fees and costs incurred by the other party to prove the fact at trial (CCP § 2033.420(a)).
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.
If you admit the request, write admit for your response. If you deny the request, write deny. If you have to qualify an answer or deny only a part, you must specify the part that is true and deny the rest.
Answering Requests for Admissions is very similar to answering interrogatoriesyou have an obligation to respond in good faith and you have to be careful about your garbage objections. However, the code makes it clear that the requirements in responding to Requests for Admissions are higher.
(1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue.
How to Write Requests for AdmissionsEach request must be numbered consecutively.The first paragraph immediately shall state he identity of the party requesting the admissions, the set number, and the identity of the responding party.More items...?
(5) Requests for Admissions. Any party may serve on any other party no more than 15 written requests for admissions. Each discrete subpart of a request for admission is considered a separate request for admission. (6) Requests for Disclosure.