Litigation
Jan. 21, 2015
You can't use denials to requests for admission at trial
The 1st District Court of Appeal recently held that the discovery statutes do not permit use of denials to requests for admission at trial, either as evidence, or the basis for questions to the denying party. By Gregory M. Smith
On Jan. 13, the 1st District Court of Appeal answered an important question for which it could find only a "surprising paucity of relevant authority." It held that the discovery statutes do not permit use of denials to requests for admission at trial, either as evidence themselves, or the basis for questions to the denying party. Gonsalves v. Li, 2015 DJDAR 473.
Plaintiff Kenneth Gonsalves was a BMW salesman in Conco...
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