Answering Requests for Admissions--Beware of the Traps

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Answering Requests for Admissions is very similar to answering interrogatories-you have an obligation to respond in good faith and you have to be careful about your garbage objections. However, the code makes it clear that the requirements in responding to Requests for Admissions are higher. The Discovery Act does not have such strident language for responding to interrogatories or an inspection demand. This is because Requests for Admissions are not designed to uncover factual information. Rather, their main purpose is to set issues at rest by compelling admission of things that cannot reasonably be controverted. Weil and Brown, Cal. Prac. Guide: Civil Procedure Before Trial (TRG 2010), ¶8:1256 citing Shepard & Morgan v. Lee & Daniel, Inc. (1982) 31 C3d 256,261.

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Published In: Civil Procedure Updates, Construction Updates, Electronic Discovery Updates, Personal Injury Updates, Products Liability Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Katherine Gallo, Esq.
Law Offices of Katherine Gallo

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