Chat with AIExam 16: Requests for Admissions
Describe the consequences of a respondent's erroneous admission that he does not have a recorded witness statement from a particular witness.
(39) 
VerifiedThe respondent would be precluded from using the witness statement for any purpose. A court could preclude the respondent from calling the witness to testify. A court could preclude the respondent from cross-examining the witness. The respondent would also be subject to the penalties provided by Rule 37. If the witness has evidence that the proponent obtained through other means, the respondent might be required to pay the costs the
proponent incurred in obtaining the evidence.
How may a party avoid an admission duly made in a response to requests for admissions?
(38) VerifiedA party may avoid a previously made admission by obtaining a written stipula- tion from all of the parties in the case that the admission is withdrawn or the party may make a motion for a court order which cancels the admission. The moving party will have to show good cause for the order and that he or she acted diligently in the matter. The essential elements of the motion are discussed on page 471 of the Text.
What is the consequence of mistakenly denying a request for admission that was correct?
(35) VerifiedThe respondent may be held for the costs the proponent incurred to prove the fact that should have been admitted.
If the proponent extends the time for responding to a request for admission but the respondent fails to meet the deadline, what is the consequence?
(40) The plaintiff may serve requests for admissions with the
, or anytime thereafter until the court establishes a cut-off date.
(37) State two reasons for serving requests for admissions concerning facts that the proponent already knows are true.
(30) What alternative responses may a respondent employ when he or she receives requests for admissions?
(37) A Rule 36 admission establishes the admitted fact for the purposes of the pending action only.
(31) Requests for admissions may relate to opinions, including a layperson's opinions or an opinions.
(35) A request must be answered by the respondent with a simple admission or a denial.
(47) If an admission pertains to the application of law to certain facts, the court takes judicial notice of the admission and the admission becomes part of the
.
(37) If the respondent fails to serve a response to a request for admission within the allotted time, the request is deemed .
(32) When may a respondent refuse to respond to a request for admissions on the grounds that the admission may violate his or her right not to incriminate himself or herself?
(33) What is the criteria for determining whether a party may properly serve a request for admission?
(34) The party to whom a request for admission is directed is under an
to respond in good faith and admit the fact if he or she knows it to be .
(30) To what relief is a proponent entitled if he or she succeeds in proving a fact or the genuineness of a document which the respondent denied?
(34) 
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