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
Wednesday, February 23, 2011
2.22.2011
MIDTERM- 49.5/75 Class average
Discovery Project- Due next Tuesday
RTP- Discovery which is random and not part of a focused effort is not productive or effective.
Hallmarks of good discovery project- 1. Is there a focused, directed attack? 2. How well tailored is your discovery to that goal?
p. 327 BAD EXAMPLE - use standard Washington form (as for pleadings)
"Reasonable particularity" test- "all" or "every" too broad.
... including, but not limited to...(3 or 4 examples of what you want).
...memos, emails, messages, and the like.
Washington does not file RTP's with court. (Enormous amount of paper storage required).
Objection- Relevancy- why would you produce the documents anyway?
1) Harmless
2) Less likely to question other productions
3) No motion to compel
4) Production does not equal admission as to its admissibility
5) Save you time and hassle
Discovery Review- time consuming and tedious, "like panning for gold"
RTPs- Send out to client the next day. Be sure to notate which questions the attorney will answer. Work with client in document production. You need to know what exists that could hurt your case, what is being edited or not edited.
If you are asked for a document and don't produce it you are in trouble, and you cannot use it either.
NEVER release originals. Make a copy.
Bates Stamping- Sequential numbering for all documents- Now done with photocopier or as a footer in Adobe.
Redaction- removing information from a document before duplicating the document and turning the duplicate over to another party in response to a request for production.
NEVER take notes on originals, or allow clients to write notes on original.
ORGANIZE- Documents after production. You will need to be able to locate and produce specific documents as needed. Table of Contents, by topic, chronologically, etc. Whatever works.
CR 34- More than documents. DISCOVERY PROJECT- Include requests other than documents.
Can be used to go look at property of party. p 339
How can you get permission to inspect property of NON-party? CR 45(b)(2) & 45(c)(2) SDT
Discovery Project- Due next Tuesday
RTP- Discovery which is random and not part of a focused effort is not productive or effective.
Hallmarks of good discovery project- 1. Is there a focused, directed attack? 2. How well tailored is your discovery to that goal?
p. 327 BAD EXAMPLE - use standard Washington form (as for pleadings)
"Reasonable particularity" test- "all" or "every" too broad.
... including, but not limited to...(3 or 4 examples of what you want).
...memos, emails, messages, and the like.
Washington does not file RTP's with court. (Enormous amount of paper storage required).
Objection- Relevancy- why would you produce the documents anyway?
1) Harmless
2) Less likely to question other productions
3) No motion to compel
4) Production does not equal admission as to its admissibility
5) Save you time and hassle
Discovery Review- time consuming and tedious, "like panning for gold"
RTPs- Send out to client the next day. Be sure to notate which questions the attorney will answer. Work with client in document production. You need to know what exists that could hurt your case, what is being edited or not edited.
If you are asked for a document and don't produce it you are in trouble, and you cannot use it either.
NEVER release originals. Make a copy.
Bates Stamping- Sequential numbering for all documents- Now done with photocopier or as a footer in Adobe.
Redaction- removing information from a document before duplicating the document and turning the duplicate over to another party in response to a request for production.
NEVER take notes on originals, or allow clients to write notes on original.
ORGANIZE- Documents after production. You will need to be able to locate and produce specific documents as needed. Table of Contents, by topic, chronologically, etc. Whatever works.
CR 34- More than documents. DISCOVERY PROJECT- Include requests other than documents.
Can be used to go look at property of party. p 339
How can you get permission to inspect property of NON-party? CR 45(b)(2) & 45(c)(2) SDT
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