Sample Request for Admissions

 

We have long maintained that filing requests for admission in every case is essential even if all you accomplish is establishing obvious elements of your burden of proof.

Another good use of requests for admission is to follow up critical denials with alternative interrogatories, drafted in light of counsel's answers to requests for admission. This is an easy way to flush out form denials.

One of our lawyers, learned this tactic during another life as defense counsel, remembering well trying to avoid the "rubber meets the road" of having to give legitmate answers. So he denied most of the requests and provided no real information and make not strategic committments. Plaintiff's counsel followed up with good alternative interrogatories that went to all of the issues the defendant was trying to avoid taking a clear cut position on at that stage of the case. They were just really tough questions to answer. The lesson was learned: we file RFAs in virtually every tort case.

RFAs often do not receive honest answers with "Deny Deny Deny" lawyers. "Plaintiff was injured in the accident" is a good example. If this request is denied, smart counsel will read the answers to a jury which is consistent with a common theme used in many cases: the defendant is refusing to accept any responsibility, even for painfully obvious facts that anyone reasonable would concede.

Make sure when you draft these requests you do yourself a favor ask real questions that are narrowly tailored to all of facts. Requests like "Admit that everything in this deposition transcript is true," is not the kind of request anyone is going to answer or a judge is going to make you answer.

 

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