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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.
Similar to responses to Requests for Production, responses to Requests for Admissions do not have to be verified. It is critical to respond to Requests for Admissions because failure to respond results in the requests being deemed admitted without the need for a motion to have the responses established as admitted.
The request may seek a legal conclusion, and may seek an admission that a party was negligent or that such negligence was a legal cause of the injuries.A request for admission may properly be used to establish opinions relating to fact or the application of law to fact.
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.
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.
Primary tabs. 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.
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.A responding party can qualify an answer or deny only a part of the matter of which an admission is requested, and admit the remainder of the request.
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.
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).