Q What are "Requests for Admissions?"
You filed a complaint with a demand for a jury trial. The Clerk of the District Court issued and filed a Summons which you now have 6 months in which to serve the defendant with copies of same or face dismissal of the complaint. You’re shocked to find that the defendant has set forth a number of "affirmative defenses" that contain a number of frivolous defenses that are totally without merit. How do you go about cutting to the chase in establishing what defenses are predicated upon facts that are made up without any evidence in support thereof?
REQUESTS FOR ADMISSIONS ARE AN IMPORTANT DISCOVERY TOOL THAT REQUIRES A RESPONDING PARTY TO ADMIT OR DENY THE REQUEST WITHIN THIRTY (30) DAYS. IF THE RESPONDING PARTY FAILS TO DENY THE REQUEST WITHIN THE THIRTY (30) DAY PERIOD, THE REQUEST IS AUTOMATICALLY ADMITTED.
A wonderful discovery tool to the parties to a lawsuit and their attorneys is the "Request for Admissions." A Request for Admission allows an inquiring party to submit a request to another party to admit or deny a premise of fact to which the responding party must answer within thirty (30) days from the service of the request. If the responding party fails to deny the request for admission within the thirty (30) day period, the request is deemed by operation of law to be automatically admitted.
Why is that important?
REQUESTS FOR ADMISSIONS CAN CUT TO THE CHASE IN COMPLETING DISCOVERY WITHOUT HAVING TO INCUR OTHER FORMS OF EXPENSIVE DISCOVERY INCLUDING THE RETAINING OF EXPERT WITNESSES AND/OR TAKING DEPOSITIONS.
Conducting pre-trial discovery is no inexpensive venture. Retaining expert witnesses to render testimony and evidence at trial can range from thousands of dollars to humdreds of t housands of dollars depending on the expertise of the expert. Taking depositions can also add tremendous strain on a litigation budget regarding witnesses to be paid a fee to attend the deposition, and in the case of the expert witness could range in the hundreds to thousands of dollars.
By serving Requests for Admissions the plaintiff can send requests to an opposing party to admit certain facts which if admitted can establish the plaintiff’s burden of proof without the necessity of retaining expert witnesses or incurring other costly measures of discovery such as taking depositions which require retaining court reporters s and/or videographers to preserve a witness’ testimony.
The plaintiff carries the burden of proof to establish certain elements of a case known as the "prima facie case." If the plaintiff fails to establish each and every element of the plaintiff’s prima facie case, the plaintiff’s case may be subject to being dismissed. Hence, in order to meet the burden of proof necessary to win the case, it is the obligation of the plaintiff to present testimony and evidence in support of the plaintiff’s case in order to meet the burden of proof sufficient to avoid summary judgment against the plaintiff and/or from otherwise having the case dismissed.
In the event, the defendant renders a denial to any element in the plaintiff’s case, the plaintiff’s efforts during the period of pre-trial discovery should be sought to enable the plaintiff to obtain facts necessary to meet every aspect of the plaintiff’s case.
IF A PARTY WRONGFULLY DENIES A REQUEST FOR ADMISSION TO WHICH THE PARTY SHOULD HAVE ADMITTED, THE COURT HAS THE POWER TO ISSUE SANCTIONS AGAINST THAT RESPONDING PARTY.
Rule 37 of the Idaho Rules of Civil Procedure provides the requesting party with the ability to seek and obtain sanctions against the responding party if the responding party provides answers to discovery that are incomplete or evasive. Those sanctions can range from the Court awarding attorney fees and costs against the offending party to ultimate sanctions of dismissal of the lawsuit against the plaintiff or the striking of the defendant’s answer allowing the plaintiff to seek and obtain the entry of default and default judgment against the defendant,
So where the plaintiff presents a request for admissions to a defendant, and the defendant fails to admit the particular fact in question when it was under an obligation to do so, the Court is empowered to award the plaintiff at the conclusion of the trial with an award of fees and costs expended by the plaintiff in presenting testimony and evidence at trial to provide the particular fact in question.
Therefore, use of requests for admissions by a skillful attorney can assist the client in not only proving the client’s case at trial in an economical manner, but also provide the client with the ability to recoup costs where the defendant abuses discovery and fails to fulfill the defendant’s obligation to provide full and complete answers or responses to the Plaintiff’s Requests for Admissions.
BOISE TRIAL LAWYER ALAN MORTON HAS OVER 32 YEARS OF EXPERIENCE AS A TRIAL LAWYER IN HELPING VICTIMS OF OTHER’S BAD DECISION MAKING THAT RESULTS IN INJURY OR DEATH.
If you have been injured or damaged as a result of another’s bad decision making, you should consult with an experienced trial attorney to find out about your legal rights and remedies. Boise Trial Lawyer Alan Morton has over 32 years of experience in helping thousands of individuals obtain compensation for injuries and damages they have incurred due to no fault of their own. Mr. Morton is willing to meet with you in a confidential setting at his office or your home, workplace, hospital or any other convenient setting to help you better understand your legal rights and remedies. You may contact Mr. Morton by calling 208.344.5555 or toll free at 888.716.8021 or by completing an online contact form to schedule an initial free consultation to discuss the facts of your case.