What Is a Request for Admission?

Court procedures have various nuances that you must understand, especially when you are one of the parties going through a civil case. Discovery is a pretrial process that allows parties to gather facts, documents, and other pieces of evidence from one another. That is why it is one of the crucial parts of a trial.

This article talks about the specifics of the discovery requests with a particular focus on requests for admission. It outlines the process, the purpose, and the crucial nature of responding to the service of the requests to avoid unintentional legal sanctions.

Forms of Written Discovery

Before we get into specifics about a request for admission, it is helpful to learn about the basics. The first concept to understand is discovery. Discovery is a process that takes place during a lawsuit before a trial and allows each party to make a reasonable inquiry about the facts, documents, or evidence relevant to the case.

There are different forms of written discovery. The following are some examples of discovery devices:

• Request for Production of Documents: This involves one party asking the other to produce certain documents or evidence relevant to the case. For instance, in a motor vehicle accident, a party can use a request for the production of documents to gather information about the insurance coverage of the vehicle.
• Interrogatories: These are questions written by one party and sent to another. The receiving party is then required to respond to the questions in writing. This form of discovery is often used to gather information relating to the facts of the case, legal theories, documents related to the case, and witnesses who will be called during trial.
• Production of Electronically Stored Information: This new form of discovery intends to address electronically stored documents or data. For instance, text messages, emails, and social media posts relevant to the case.
• Request for Medical Examination: When the civil case involves physical injury, one form of the discovery process that the defendant can use is a medical examination. Here, the defendant can make a written demand to have a neutral physician check the plaintiff. Both parties often choose the neutral physician.
• Requests for Admission: A request for admission is a written request that one party sends to the other. It allows one party to ask another to admit or deny certain statements under oath. That way, the parties consider it as true statements admitted in a request for admission.

What Is the Purpose of Requests for Admission?

The purpose of requests for admission is to narrow the issues in a pending action by establishing the truth of any matters that the parties agree on before the trial. Included among the issues that parties can add in a request for admission are as follows:

• Statements or opinions of facts
• Application of law to a fact
• Genuineness of any documents described in the written request

This process helps determine genuine issues and the cases' aspects in dispute. It also limits the scope of the trial and eliminates undisputed matters.

The requesting party should serve copies of documents together with the request unless these documents were available to the opposing party for copying or inspection during the trial.

The request for admission can be served to the plaintiff without leave of court after the civil case begins. For any other party, the request for admission can be served with or without leave of court after service of the summons and complaint.

Do I Have To Answer Requests for Admission?

When a requesting party serves you a request for admission, you must respond to each of the written statements presented. As the responding party, you can answer a request for admission by accepting it, denying it, or explaining why you cannot admit or deny it.

The effect of admission is that it conclusively establishes the matter admitted. If you do not answer a request for admission, the requesting party will consider the statements admitted by default. As a result, the requesting party can potentially use that statement against you at trial.

Each legal issue on which admission is asked for is individually presented. The written answers shall then specifically deny or admit the truth of any matter. Or the party should answer in detail why they cannot admit or deny an admission.

A denial of an admission should sufficiently address the essence of an admission. If, in good faith, the answering party needs to qualify or deny their response, they should state the part that is true and deny or qualify the rest.

What Is an Unqualified Admission?

The term unqualified admissions refers to a situation wherein the responding party admits a statement without further explanation or objection. For example, Party A sent a written request to Party B to admit that Party B was present on a particular date and time at a given location. An unqualified admission from Party B would be simply answering, "Yes, I was present in that location on that particular date and time."

In contrast, a qualified admission is where a party provides additional information or context to their answer. It is an admission with further explanation or conditions. For example, Party B wrote, "Yes, I was present at that location, but only for 15 minutes." The qualification "but only for 15 minutes" adds an explanation or a slight variation to the admission.

Rules Vary Depending on Jurisdiction

Jurisdiction is a given court's authority to rule over a particular matter. Sometimes, state courts have jurisdiction over lawsuits, while federal courts have jurisdiction over matters. Each court system has different rules about requests for admission. So, following the court's rules that have jurisdiction over your case is essential.

Check out Federal Rule of Civil Procedure 36 for federal court rules and the State Civil Procedure Rules for state court rules.

An Attorney Can Help You Avoid Discovery Mistakes

Understanding and responding to requests for admission requires detailed attention and legal knowledge. So, to ensure that your civil case is handled effectively, it is best to seek legal advice from a civil litigation attorney. They can provide personalized guidance to your civil case. Their experience and expertise can help you understand the complex legal procedure and devise a strategy to protect your rights. Contact a civil litigation attorney in your area to protect your legal interests.