Jump to content
Sign in to follow this  
luckygerm

Unqualified admission

Recommended Posts

I'm in California.  I was served with a second set of Form Interrogatories, and only one interrogatory was asked of me. 

 

It was number 17.0 Responses to Request for Admissions.  and 17.1 which asks "Is your response to each request for admission served with these interrogatories an unqualified admission?  If not, for each response that is not an unqualified admission:". . .   then it wants the number of the request, the facts upon which I base my response, names, addresses, document identification in the answer.

 

Please, what is an unqualified admission?  I have no idea what that is, so I don't know how to respond.

 

Thanks for any help! :huh:  :ph34r:

Share this post


Link to post
Share on other sites

I gather you're acting as your own attorney in a California lawsuit.  If so, you need to familiarize yourself with the relevant provisions of the Code of Civil Procedure.

 

Section 2033.220(B) lists the permissible responses to a request for admission.  An unqualified admission is an admission made pursuant to Section 2033.220(B)(1).  Put differently, form interrogatory 17.1 applies to any response to a request for admission that says anything other than "admit."

Share this post


Link to post
Share on other sites

Be careful how you respond to a request for admissions (and the related interrogatory for supporting facts). You must not "read anything into" the request. Answer as briefly as possible and only what is asked. Make sure you tell the absolute truth, but only what is asked... don’t add a story or further explanation to it. A well drafted RFA will not leave much "wiggle room" for "explanation" Most RFA’s are not carefully drafted. Don’t be afraid to qualify an admission, if there is an explanation.

 

Admissions are a powerful tool. If a party "unreasonably" denies a request, that party can be responsible for the other side’s cost of proving it. I tend to propound RFA's early, for those things that I can ultimately prove, but want avoid the time and expense of "digging up" the proof, if they are admitted. They rarely are admitted... thus much of the cost of litigation is paid for by the other side. Additionally, the prospect of having to pay for the propounding party’s work, if proceeding to trial or summary judgment, is a strong incentive for the other side to settle early.

Share this post


Link to post
Share on other sites

QUICK QUESTION:

 

WHAT IF OPPOSING COUNSEL FORGETS TO SERVE 17.1 WITH RFAS THEN AFTER RESPONSES TO THE RFAS ARE SERVED,OPPOSING COUNSEL REALIZES SHE FORGOT TO PROPOUND 17.1 WITH THE PRIOR RFAS AND THEN SENDS 17.1 BY ITS SELF? MUST I RESPOND TO 17.1 OR JUST OBJECT VAGUE AMBIGUOUS UNINTELLIGIBLE INARTFULLY PUT...?

Share this post


Link to post
Share on other sites
On 11/22/2017 at 7:20 PM, ZachSF415 said:

QUICK QUESTION

 

And here's a quick question for you:  why did you tag this onto a thread that's been dormant for over four years (if you start your own thread, please don't post in all caps)?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...