This form is the first set of requests for admission submitted by the plaintiff to the defendant in an automobile accident case.
Santa Clara California First Set of Requests for Admissions - Personal Injury - Auto Accident
State:
Multi-State
County:
Santa Clara
Control #:
US-PI-0071
Format:
Word;
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FAQ
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.
A party who considers that a matter of which an admission is requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of paragraph 3 of Rule 215, deny the matter or set forth reasons why he cannot admit or deny it.
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.
Proper Objections A responding party has four options: (1) admit; (2) deny; (3) admit in part and deny in part; or (4) explain why the party is unable to answer. 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. Further, Civ.
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.
A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not object to the request on that ground alone; the party may deny the matter or set forth reasons why the party cannot admit or deny it, subject to rule 1.380(c).
All requests for admission must be relevant to the issues in the case. If a request does not lead to the discovery of relevant, admissible evidence, you may object.
If a motion to deem the admissions admitted is filed, the responding party can prevent his or her admissions being deemed true by serving adequate responses prior to the hearing date of the motion. Generally the responding party still must pay the sanction.
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. See C.C.P.
A response to a Request for Admission must be answered in a specific time period, either 50 days or 30 days after the request, depending on when in the discovery process the request is made. Any response not submitted within that timeframe is treated as an admission by the court, so a prompt response is critical.
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