Discovery Tools, Request for Admissions
Discovery Tools, Request for Admissions
Request for Admissions
Requests for Admissions (or simply “admissions”) are similar to the Facts section of a petition. They are simple statements of fact (or the application of the law to a fact) and are offered to your opponent for him to admit or deny. You will find the court’s rules about admissions under Rule 90. The rules require no more than a simple response of “admits” or “denies” to each statement. In the strictest sense, admissions are not designed to discover evidence so much as to identify relevant facts on which you and your opponent agree or disagree. Admissions are also used to authenticate specific documents and papers that may be attached to the request. Requests for Admissions are useful because they isolate and identify those facts that will have to be settled at trial. The more facts the parties can agree on beforehand, the fewer will need to be established at trial. Agreed facts are offered into evidence on a document called the Stipulation of Facts at the beginning of the trial. Disputed facts are what the trial is all about, and settling the Stipulation of Facts is the goal of discovery generally. Many statements on a Request for Admission are not controversial, for example: Admit or deny the following statements:
1. I filed a tax return for 2005 on April 15, 2006.
2. I filed on the proper form.
3. I filed the return with the Commissioner’s Atlanta, GA office.
4. I signed the return under penalty of perjury.
5. Exhibit A is a true copy of my 2005 return.
If respondent admits the statements are true, you can offer the admitted facts into evidence and he may not contest them. Uncontested facts will be listed on the Stipulation of Facts document that will be prepared before trial. There may be additional facts that are not so readily agreed. If respondent denies them...
