Discovery Tip: Interrogatories About Requests for Admissions

Requests for admissions should be accompanied by a separate interrogatory that says something like this: "To the extent that any of your responses to any of Defendant's requests for admissions is other than an unqualified admission, list all facts on which you based any part of your response that is not an unqualified admission, identify all documents memorializing each such fact, and identify all persons with knowledge of each such fact."

To my mind, it's this interrogatory that's one of the most useful parts of the request-for-admissions procedure. By changing the interrogatory slightly, you can also use it to discover documents and deponents concerning admissions.

Originally published 6/20/05.

Comments

[Rich]

Do you include the interrogatory in the same document as the request to admit, or does it go in a separate one? Also, does the interrogatory count against your overall interrogatory limit?

RGR

[Evan]

Rich: The interrogatory goes in a separate document, and it would count against the limit, though the limit can be extended with leave of court.

[Bryan]

Great tip! I used it yesterday.

[mythago]

In California, the Judicial Council has propounded Form Interrogatories that are fairly generic, but #17 is identical (or nearly so) to your proposed language.

[oakpalm]

California has a pretty good system in this regard. As pointed out above, it has a form interrogatory 17.1 that asks for all available information if the party denies a request for admission. And, the form interrogatory does not count against the limit. Plus, the limit on interrogatories and requests for admission can be avoided by counsel's sworn statement than more than the limit(35) is necessary. In any type of complex case I've never had a problem with exceeding the limit. Here's an interesting website re California discovery law and requests for admissions http://www.discoveryreferee.com/a6whyarentyou.htm and here's the text of form interrogatory 17.1

17.0 Responses to Request for Admissions

17.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission:

(a) state the number of the request;
(b) state all facts upon which you base your response;
(c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts;
(d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

[tiffanie]

What is an unqualified admission?

[hs]

what is the difference between qualified and unqualified admission?

[Evan]

An unqualified admission is when the other side answers "admit." A qualified admission includes any other answer.

[CRL]

Should these two be served seperately. is there an advantage of getting one before the other keeping in mind the sworn nature of interrogatories.

[Evan Schaeffer]

To "Steve" who left a comment here -- send me an email and I'll explain to you why this is not a good forum for getting answers to the type of questions you posed. -- Evan

[Laura]

Does an interrogatory have to follow the same rule as a request for admisions regarding an electronoc copy usable for word processing?

[Martine]

I am representing myself and have a judgement against a foreclosure of dismissed without prejudice. I then filed admittance be admitted after the dismissal. Was this the right thing to do or should I have left it alone? This has been going on for nearly 5 years and the bank has never responded to producing original documents. Along with being one that was involved with the robo signing of my documents, the lawyer deliberately mailed requests to a bogus address so I wouldn't respond or be at court, had my locks changed on my home without my knowledge and never have had the lawyers in court, always by phone and I never knew who the person was that was on the phone while I was present in court. My court date is March 1, 2012 and I want to be prepared as to what to do. I have no legal experience. Thank you.