You need to answer the Request for Admissions promptly and adequately.As soon as you receive the Request, you should begin drafting your answers.The judge might deem the requests admitted if you miss the deadline for responding.Before beginning your answers, read your relevant Rule of Civil Procedure to make sure you comply with the law.
Step 1: Find the deadline for responding.
You have to respond to the requests by the deadline, so find out how much time you have left.You can find the rule on requests for admission in your Rules of Civil Procedure.Federal Rule 36 is the relevant rule if you are in federal court.You can find the rules of civil procedure in your state on the internet.The deadline might have been changed by the judge.You can get the local rules from the judge's chambers or the court website.
Step 2: You can read the requests.
Write down your notes next to each request.You have to admit or deny each request.You may claim that you can not admit or deny because you don't know the answer after performing a search for it.You will need to identify the true part of the request if it is true.You will need to identify which part of the request is false.Don't deny all requests.You could be reprimanded by the judge.
Step 3: You can format your document.
You should open a blank document when you are ready to draft your answers.It should be formatted like the other documents you filed in your case.The paper numbered down the left-hand side is the pleading paper.To account for the numbering, leave a large margin.
Step 4: The caption should be inserted.
The names of the parties and the case number are included in the caption.It could include the judge's name.This information can be found in any document filed in your case.The caption should be at the top of the page.Title the document.You can call it theRespondent's Response to the First Request for Admissions.
Step 5: The parties should be identified.
California requires you to identify the parties immediately under the title.The Propounding Party is the party that served the Request for Admissions.This is you, the responding party.The number of requests is set.
Step 6: You should add your introduction.
In your introduction, identify yourself.The legal boilerplate is meant to protect you.You could write that no admissions are intended by the responses.The fact that you responded to the request does not mean you will not object to it.The information and documents currently available to you are the basis of your responses and objections.You can revise your answers at a later date.
Step 7: General objections.
You can list general objections before answering individual requests.All of the requests will be objected to.Under the heading "General Objections", you can add them and number them.Respondent objects to the extent they seek information protected by attorney-client privilege, the attorney work product doctrine, or other recognized privileges.The Requests require search for and the production of documents or information that is not in Respondent's possession, or control.Respondent objects to the extent that the Requests seek legal conclusions or require Respondent to reach a legal conclusion in order to prepare a response.The Respondent objects to the extent that the Requests are argumentative, improper, incorrect, prejudicial, vague, and/or ambiguous.Respondent objects to the extent that they can't locate the information they are looking for, are not readily available from public sources, or are available to Counsel from another source that is more appropriate, convenient, less burdensome, and/or less expensive.
Step 8: You must respond to each request.
They were presented to you in chronological order.You need to repeat the request in some states.When responding to requests, you need to be accurate.Insufficient knowledge can be admitted or denied.You could raise an objection about the request being compound.Only one statement should be contained in each request.If you are asked to admit two or more facts, you should object.The request is ambiguous.If you don't understand the request, you can object."Admit you owned the gun" is vague because it doesn't refer to a specific gun.The request doesn't lead to the discovery of relevant evidence.The fact isn't relevant to your case, so the request is a waste of time.If your case has nothing to do with your weight, asking you to admit that you weigh 200 pounds is irrelevant.
Step 9: The document needs to be signed.
There is a signature block at the bottom of the document.After your final answer, insert the signature block.The date should be added as well.Under penalty of perjury, you will have to sign your answers in some states.Check your Rule of Civil Procedure."I declare under penalty of perjury under the laws of the State of [Insert state]) the foregoing answers are true and correct."
Step 10: There is a certificate of service.
You have to certify that you served your answers to the other side.You should add a certificate of service on a separate piece of paper and include the person you sent the answers to as well as the delivery method.The Admissions Request for has a certificate of service attached.
Step 11: Make copies.
You should make several copies of your answers once you finish.You should keep one copy of your records.The original can be sent to the other party.There may be more than one party to your lawsuit.You could be one of the three defendants.You should send copies of your answers to the other defendants if you get the Request for Admissions.
Step 12: You should serve your answers.
You have to serve the lawyer of the party who sent you the Request with your answers.You can serve the answers if you have someone 18 or older who isn't related to the case mail them for you.You can serve the answers electronically in federal court.When they are filed, the other parties are notified electronically.
Step 13: A signed proof of service is needed.
A Proof of Service form can be used instead of a certificate of service.The server signs the form in front of the Notary.You can ask the court clerk if the form needs to be signed.
Step 14: The motion needs to be read.
If you missed the deadline for answering the Request for Admissions, the other side can file a motion with the judge asking that the facts be proven.There is a motion to have admissions admitted.You won't be able to present evidence to the contrary if the judge considers the admissions to be true.It is a serious problem if you miss the deadline.You should find your copy of the original Request for Admissions after you get the motion.There is a copy attached to the motion.
Step 15: Meet an attorney.
You can schedule a meeting with a qualified attorney by getting a referral.If you missed the deadline, what are you going to do?You can ask for a referral if you visit your state or local bar association.Ask the attorney how much he or she charges.If you don't have enough money, you can look for legal aid.Free legal services are provided to people in financial need.The Legal Services Corporation has a website where you can find the nearest legal aid office.
Step 16: The request for admissions should be answered.
If you answer the Request for Admissions before the scheduled hearing date, you can prevent the judge from deeming the requests admitted.The hearing will be off the judge's calendar.If this is an option, respond to the request as soon as possible.It is possible that you will have to pay for the other side's court costs.You could be ordered to pay the other side's attorneys' fees if you didn't file the motion.These are not large prices to pay.
Step 17: The motion should be filed in opposition.
You can try to prevent the judge from deeming the admissions true by filing a motion explaining why you didn't answer in a timely manner.You should file other motions in your case.You have to give the judge a reason why you couldn't answer the requests in time.The Rule of Civil Procedure is relevant to you.The judge can give you a chance to respond late if the other party is not prejudiced.The judge should be reminded of that fact.If the other side is not prejudiced, a judge may allow a party to file a late response.The Fed.R. Civ.Do legal research.Many courts prefer that lawsuits be decided on the merits and not because one party was late.You should quote from a case from your jurisdiction that stands for this proposition.If you want to file a motion with the court, you have to send a copy to the other side.