Using Requests for Admission to Simplify Your Case

In preparing your case for trial, don't overlook requests for admissions.

Requests for admissions are powerful tool for establishing proof on matters your opponent won't be able to (or doesn't plan to) to deny at trial.

In an auto case, a plaintiff might simplify the case with requests for admissions like the following:

• Admit that the collision occurred on Vencil Street.
• Admit that the speed limit on Vencil Street was 35 mph at the time of the collision.
• Admit that the defendant was traveling about 55 mph at the time of the collision.
• Admit that the eastbound defendant collided with the westbound plaintiff in the westbound lane of traffic.
• Admit that the plaintiff missed work for a period of time as a result of her injuries.
• Admit that the plaintiff missed work for 193 days as a result of the injuries she sustained in the collision.
• Admit that the plaintiff incurred reasonable and necessary medical bills in the amount of $52,000 from St. Joseph's Hospital as a result of the crash.
• Admit that the injury to the plaintiff's right hip, sustained in this collision, is permanent.

Source: "Jump-start your case with requests for admissions," by J. Franklin Long, Trial, 4/02. (The examples are quoted from a sidebar in the article; there are many more examples in the article.)

Publication note: Originally published 1/5/10

Related posts:

1. "Authenticating Exhibits Using Requests for Admissions: Two Methods"

2. "Responding to Request for Admissions Under the Federal Rules"

3. "Discovery Tip: Interrogatories About Requests for Admissions"

4. "Interrogatory Answers "Subject To" Objections: Send a Request for Admission"

Comments

[John Day]

I disagree with this approach to drafting requests for admissions. It is much easier to use the admitted requests at trial when the format is as follows:

A. Admit that the following statements are true:
1. Defendant XYZ is a Kentucky corporation.
Etc.