Deck 16: Requests for Admissions

Question 1

How is a request for admission and response presented to a jury during the trial of a civil action?

Answer 1

The lawyer for the proponent of the request may read the request and the admission to the jury at some appropriate time during the trial. It must be offered before the proponent rests. The admission may be used as evidence. It could not be referred to in the final arguments unless received into evidence.

Question 2

If the respondent fails to serve a response to a request for admission within the allotted time, the request is deemed .

Answer 2

admitted

Question 3

How many requests for admission may be served upon any one party?

Answer 3

There is no limit on the number of requests for admission that a party may serve.

Question 4

What is the consequence of mistakenly denying a request for admission that was correct?

Question 5

What is the criteria for determining whether a party may properly serve a request for admission?

Question 6

Requests for admissions may relate to opinions, including a layperson's opinions or an opinions.

Question 7

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 .

Question 8

Define
genuine

Question 9

May requests for admissions be used in conjunction with interrogatories?

Question 10

The defendant must serve a response to the request for admissions within 30 days after service of the , or within 45 days after service of the , whichever period is longer.

Question 11

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?

Question 12

A Rule 36 admission establishes the admitted fact for the purposes of the pending action.

Question 13

The plaintiff may serve requests for admissions with the
, or anytime thereafter until the court establishes a cut-off date.

Question 14

Define
law of the case

Question 15

Who signs the response to a request for admissions?

Question 16

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?

Question 17

Describe the consequences of a respondent's erroneous admission that he does not have a recorded witness statement from a particular witness.

Question 18

How may a party avoid an admission duly made in a response to requests for admissions?

Question 19

If a party realizes before trial that he or she mistakenly admitted a request for admission, what course of action should the party take to avoid the effect of the admission?

Question 20

State two reasons for serving requests for admissions concerning facts that the proponent already knows are true.

Question 21

A proponent may not attempt to obtain an admission from the respondent that the proponent's expert opinions are correct.

Question 22

The request should be drafted so that the respondent can comfortably and conveniently answer or .

Question 23

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?

Question 24

What constitutes "reasonable inquiry" on the part of a respondent to a request for admission if the respondent cannot immediately provide a response?

Question 25

Rule 6 permits the respondent to make an motion for an extension of time in which to respond to the request for admission.

Question 26

What may the proponent do if he or she believes that a response to a request for admissions is evasive?

Question 27

A request for admission must be in writing.

Question 28

A proponent should serve requests for admissions only when the proponent believes that a fact is or a document is .

Question 29

A Rule 36 admission establishes the admitted fact for the purposes of the pending action only.

Question 30

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
.

Question 31

Unlike the requirements for interrogatories, a copy of the request for admission need not be served upon other parties.

Question 32

Once made, an admission cannot be changed or withdrawn.

Question 33

What should the proponent prepare and serve upon the respondent if the proponent does not receive a response? Why is this item useful?

Question 34

A request must be answered by the respondent with a simple admission or a denial.

Question 35

What alternative responses may a respondent employ when he or she receives requests for admissions?