Perhaps the most valuable
tool
you have to discover evidence -
Whether you're the plaintiff or defendant -
is the request for admissions.
Requests for admissions are provided for in both
federal and state rules ... all
jurisdictions.Strangely, not many lawyers use them ...
but you can ... and to good effect.
A request for admissions is nothing more than a list of statements that the other side must either admit as true or
deny as false. Very powerful stuff. Use them to get the truth into your court record ... so you can
win!
Just be careful when they're used against you. A very nice man we
recently helped lost a winnable lawsuit because he failed to timely respond to the other side's request for admissions. He waited too
long to respond, so the Court entered an order deeming all the statements admitted as true! If he had denied them (instead of merely
failing to respond within the time he was allowed) he might have won his case and kept his home. Instead he lost everything .
Very powerful stuff indeed. Use it.
Requests for admissions can force the other side to admit the truth of anything relevant to your
case.You can even attach copies of documents and request the other side to
admit, for example, that the document is an accurate copy, the signature is not forged, the document was signed on the date shown,
etc.
If the other side fails or refuses to respond within the time allowed by the rules, the Court will treat everything as if
he'd admitted it as true!
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