1. © 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION REQUESTS FOR ADMISSIONS

2. 2 REQUESTS FOR ADMISSIONS— written statements of fact or opinion, by parties to parties, admitted or denied under oath.

3. 3 ADVANTAGES OF REQUESTS FOR ADMISSIONS 1. Inexpensive 2. Only method to obtain admissions 3. Conclusive, binding 4. Interrogatories can follow up

4. 4 DISADVANTAGES OF REQUESTS FOR ADMISSIONS 1. Do not obtain factual information 2. Not spontaneous 3. Easy to evade 4. Only used for parties

5. 5 TYPES OF INTERROGATORIES State court: Special (drafted) Official forms Federal court: Special (drafted)

6. 6 INTERROGATORIES IN STATE PRACTICE Unlimited Civil Cases

7. 7 FORMAT  Caption  Title  Heading  Introduction  Requests  Subscribed

8. 8 FORMAT OF REQUESTS  Numbered consecutively set to set  Not combined with other discovery  No space for answers

9. 9 REQUEST RULES  Each complete and independent  No preface or instructions  No subparts  Definitions capitalized in each  Not compound, conjunctive, or disjunctive  May ask about genuineness of documents

10. 10 AVOID THE NEGATIVE PREGNANT!

11. 11 DRAFTING REQUESTS— ask respondent to admit/deny statements of fact, opinion, and genuineness of documents, but not legal conclusions.

12. 12 Caption, Heading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Alma Howardson, Esq. SBN 95309 1234 Main St. Vista View, CA 99999 555-555-5555 Attorney for Plaintiff Smith SUPERIOR COURT OF MOUNTAIN COUNTY James Smith, plaintiff,)Case No. 12345-6 v. ) Robert Jones, and Does)REQUESTS FOR ADMISSIONS 1-5, defendants.) _______________ _____ )Propounded by: Plaintiff Propounded to: Defendant Set No. ONE

13. 13 Requests 16 17 18 19 20 21 22 23 24 25 26 Pursuant to the Code of Civil Procedure §2033, plaintiff James Smith, requests that defendant, Robert Jones, serve verified answers to the following requests for admissions within 30 days after service hereof. Admit or deny 1. The original of the document copy attached hereto as Exhibit A is the real estate disclosure statement for the property at issue in this case. 2. You signed the real estate disclosure statement for the property at issue in this case. 3. At the time you signed the real estate disclosure statement for the property at issue in this case, you knew that the property had been flooding. 4. You did not disclose to plaintiff the flooding history of the property at issue in this case. ______________________ Smith v. Jones Plaintiff’s Requests for Admissions, Set Onepage 1

14. 14 OFFICIAL FORMS— meet format requirements.

15. 15 “RULE OF 35” Requests (form or drafted) limited to 35 unless “Declaration of Necessity.”

16. 16 REQUESTS FOR ADMISSIONS IN STATE PRACTICE Limited Civil Cases

17. 17 REQUESTS FOR ADMISSION  Same form and format as unlimited civil cases  Official forms optional

18. 18 “RULE OF 35” 35 aggregate total of all discovery! Each form interrogatory, each drafted interrogatory, each document request and each deposition count toward the maximum 35 (without leave of court)— no declaration of necessity!

19. 19 REQUESTS FOR ADMISSIONS IN FEDERAL PRACTICE

20. 20 FORM AND FORMAT Identical to state court except  limit in local rules, exceeded only by court order  may have introduction  leave room for responses

21. 21 TWO CATEGORIES OF REQUESTS 1. Statements 2. Genuineness of documents

22. 22 RESPONDING TO REQUESTS FOR ADMISSIONS

23. 23 OPTIONS 1. Seek protective order to avoid response. 2. Serve verified responses within 30 days (+5 if mailed). 3. Fail to respond—risk waived objections, sanctions.

24. 24 DRAFTING RESPONSES 1. Assert all possible objections. 2. Admit or deny only (or reason that respondent cannot admit and therefore denies). 3. Serve original with respondent’s verification.

25. 25 LACK OF RESPONSE STATE COURT Propounder may move for order compelling responses, or that the requests be deemed admitted, and for sanctions. All objections are waived.

26. 26 DEFECTIVE RESPONSE STATE COURT If propounding party disputes responses or objections, counsel must meet and confer to resolve. If no resolution, propounder can move to compel and for sanctions, within 45–50 days of service.

27. 27 LACK OF RESPONSE FEDERAL COURT REQUESTS AUTOMATICALLY DEEMED ADMITTED!

28. 28 SUMMARY Requests for Admissions, State and Federal PREVIEW Depositions SUMMARY Requests for Admissions, State and Federal PREVIEW Depositions