2.23.2011

Request to Admit- Not true discovery, can't get admissions about facts and/or documents you don't know about.

Use For:
1. Facts
EX Admit that the accident happened at 5:00pm.
The more facts you can get admitted in discovery, the less you have to prove at trial.
2. Genuine-ness and Authenticity of Documents
EX Admit that this is a true and correct copy of the original.
Pre-approved documents will easier to enter into evidence.
3. Connect Law to Facts
EX Admit that the health and building code requires carpeting be replaced in common areas every 5 years.
DISCOVERY PROJECT- Use one RTA in each of these ways.
Merely because they admit the genuine-ness of a document, does not mean that it is going to be admissible, truthful, or relevant.

NEVER write a request to admit an opinion. You can never get them to admit an opinion.

If you do not respond in a timely manner- DEEMED ADMITTED the entire set!
Watch these carefully!

Drafting Request to Admit
- Don't waste time with stipulated facts. EX Addresses, and other basics.
- Things you need to prove. Ask questions that the other side doesn't want to admit.
DISCOVERY PROJECT- At least one of each. 15-18 total.
- ONE FACT per request. Do NOT make compound. Compound RTA are objectionable. Keep it simple. 10-12 words.
- EX 1. Admit that the following documents are true and correct copies.
a. Lease
b. ...
- Avoid using descriptive words that may be interpreted in different ways. EX Violently ill, dim lighting, dangerous snowmobile.

- Admit/Deny/Object/or "After reasonable investigation responding party lacks the information to either admit or deny, and on that basis deny."

- If you wrongfully deny CR 37(c). Tough to quantify, rarely enforced. Questions that are on the line are likely to be denied. Take small bites, don't go for the smoking gun.
EX Admit that there is no one at Gruel & Drool who regularly reports to you about the conditions of the premises.

Settlement & Alternative Dispute Resolution (ADR)

- Cases under $50k required to go to arbitration
- Settlements do not "terminate" disputes, settlements (or mediation/arbitration) "resolves" the dispute.
- The preparation of the lawsuit may lead to a settlement.
- 72% of winning parties polled said that they would not go through litigation again.
- Reasons to settle: Time, Money, Jury Unpredictability, Counter-Claims