Requests for Admission and the Future of Discovery

Asking a party to admit to the truthfulness of some fact or opinion directly relevant to the case.
- These facts or opinions can range from simple events to complex legal conclusions that apply to the facts.
- The purpose is to establish undisputed facts, thereby narrowing the scope of issues for trial.
Authenticating the genuineness of a document, often a critical step to streamline trial proceedings.
- This avoids the need for a witness to testify about the document's authenticity at trial.
Cannot be served on a nonparty to the litigation; they are exclusively for parties involved in the lawsuit.
Typically sent only after the initial conference and parties have exchanged initial disclosures, aligning with discovery timelines, often pursuant to Federal Rule of Civil Procedure (FRCP) 26(f).
No explicit limit on the number of requests under federal rules, though courts can intervene if requests are unduly burdensome or dilatory.

To significantly simplify the lawsuit by reducing the number and nature of the points in controversy that must be litigated at trial.
- This narrows the issues requiring proof, focusing jury attention on truly disputed matters.
Creates a considerable ripple effect, leading to:
- Fewer witnesses needed to testify on admitted facts.
- Lower litigation costs due to reduced discovery and trial time.
- Encouraging early settlement of the case by clarifying the strength of each party's position on key facts.
To emphasize important factual information that might otherwise be buried or overlooked within volumes of documents, testimony, and electronically stored information (ESI).

Authenticating the genuineness of documents, such as contracts, letters, emails, or medical records, prior to trial.
Confirming the truthfulness of specific facts and opinions central to the claims or defenses in the case, including historical events, transactional details, or expert opinions.
Verifying the proper application of law to specific facts, effectively confirming legal conclusions that depend on undisputed factual predicates.

Cannot be ignored without severe consequences.
- Any undenied admission is deemed ADMITTED for the purpose of the pending action, meaning it is conclusively established and bars the admitting party from later contradicting it.
- This typically occurs if a response is not served within 30 days after being served, per FRCP 36(a)(3).
Parties must make a reasonable effort to obtain missing information before denying a request.
- This includes conducting a thorough investigation and contacting other individuals or entities who might possess the necessary information.
A party cannot refuse to cooperate merely because the requesting party could obtain the information through other discovery methods; the duty to admit or deny (or state a reason for inability) remains.
Requests can be made at any time during the discovery period, but are often strategically timed closer to the end of discovery to solidify facts for trial.
No formal limit on the number of requests that can be propounded, although courts can and do limit abusive or excessively burdensome requests.

Discuss the overall litigation strategy and the specific goals of the requests with the supervising attorney.
Conduct a thorough review of all pleadings (complaint, answer), discovery responses (interrogatories, depositions), and relevant documents to ensure accuracy and consistency.
Review applicable federal, state, and local rules of civil procedure to determine specific requirements for form, content, response times, and any unique procedural details (e.g., FRCP 36).
Carefully list and organize the specific admissions sought from the other party, ensuring each request addresses a single, clear fact or opinion.
- Example of a poorly drafted request:
  - "Do you admit you were a shitty father and were the best thing that ever happened to me?"
- Example of a well-drafted request (after discussion with counsel):
  - "Admit that you failed to provide financial support to your child between [Start Date] and [End Date]."

Title of the request and the introductory paragraph: Must include the case caption, court, parties, and an introductory sentence stating the nature of the document.
Definitions: Include clear, concise definitions for terms used throughout the requests (e.g., "document," "you," "incident"), to avoid ambiguity.
Instructions: Provide any specific instructions on how the requests should be answered or interpreted within the bounds of procedural rules.
Specific requests: Each request must state only one fact or opinion and be simple, direct, and unambiguous, typically phrased as a statement to be admitted or denied.

Alternative responses to Request for Admission must be served within the prescribed time (usually 30 days):
- Admit: A clear, unqualified statement of admission when the matter is true.
- Deny: A clear, unqualified statement of denial when the matter is untrue, and the denial must fairly meet the substance of the request.
- Refuse to admit or deny: This response must state that the party lacks sufficient knowledge or information to either admit or deny after making a reasonable inquiry into the matter.
- Object: A specific legal objection, concisely stated, to the request itself.
Objections to Requests for Admission:
- Attorney-client privilege, work product doctrine, and common interest privilege protecting confidential communications and trial preparation materials.
- Medical privilege (patient-physician privilege) and the confessor-penitent privilege, protecting confidential information shared in those relationships.
- Objections based on calls for inadmissible and irrelevant evidence if the matter sought is not pertinent to the case's claims or defenses.
- Overbroad and duplicative requests that seek information already obtained or that are unreasonably wide in scope.
- Compound requests that improperly combine multiple distinct facts or inquiries into a single request, making it impossible to respond accurately to each component.