South Dakota First Set Of Requests For Admissions Propounded By Plaintiff to Defendant

State:
Multi-State
Control #:
US-PI-0270
Format:
Word; 
Rich Text
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This form is a sample plaintiff's first set of requests for admissions to defendant regarding an automobile accident.
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FAQ

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.

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.

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.

Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders.

Common objections to requests for admission include: The request is impermissibly compound. The propounding party may ask you to admit only one fact per statement. You may object to any request that asks you to admit two or more different facts in a single request.

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.

Since 1967, Federal Rule of Appellate Procedure (FRAP) 36, promulgated pursuant to the Rules Enabling Act of 1934, has authorized federal courts of appeals to decide cases without writing an opinion.

You use different types of discovery requests to get different kinds of information: To ask the other side to answer a set of questions, you can use Interrogatories. To ask the other side to admit that certain facts are true or certain items are authentic, you can use Request for Admission.

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South Dakota First Set Of Requests For Admissions Propounded By Plaintiff to Defendant