Civil Litigation
Sep. 26, 2016
Discovery requests for admissions
Requests to admit are not "true" discovery. Requests for admissions are primarily aimed at setting to rest a triable issue so that it will not have to be tried.
Gary Nadler
Judge (ret.)
JAMS
Hon. Gary Nadler (Ret.) is a retired Sonoma County Superior Court judge and serves as an arbitrator, mediator, special master/discovery referee and neutral evaluator at JAMS.
Requests for admissions under Code of Civil Procedure Section 2033.010 are a powerful litigation tool. A case can be made, opposition overcome, or a loss resurrected through the effective use of requests to admit. However, a failure to propound proper requests, to pay appropriate attention to providing timely responses, and following through to obtain appropriate responses renders this discovery device completely ineffective, and may ultimately be fatal to the case.
The purp...
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