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Topic: Discovery Admissions

Created on: 06/27/19 01:49 PM

Replies: 3

STEVE15


Joined: 06/13/18

Posts: 14

Discovery Admissions
06/27/19 1:49 PM

Problem with answers - the defendant admits to: goes on to state what they want side steps the admission.
Objects vague and ambiguous - then denies and then writes an altered admission. They drag their feet, do not return phone calls for days and drag on and on. The court (federal) requires meet and confer before filing motion to compel or you may get sanctioned. Pro law firm knows how to work the system. Got any ideas.

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SUZANNE7


Joined: 05/14/19

Posts: 17

RE: Discovery Admissions
06/28/19 6:28 AM

Sounds like poorly worded Request for Admissions. They should be obvious yes or no, single item each.
Failing a Request for Admission you can follow up for clarifications with a Request for Production of documents, evidence, or Interrogatories (which are limited).

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STEVE15


Joined: 06/13/18

Posts: 14

RE: Discovery Admissions
06/28/19 11:05 AM

Thank you, Yes good - and will reword some and send a second set of admissions.
example: Admit that audio recordings of x were made. --admitted
Admit that audio recording x were recorded by you. -their answer 'admitted that X recording were made and that they contain the conversation at x.'
another example - Admit that at the gas station you did not identify yourself. Deny because it was not a gas station(quick stop) and defendant had no responsibly to identify himself. It is full of this kind of nonanswer and they add there twist to many. (some don't really matter but by rewording they get a little jab in and do not accomplish what I wanted )

They don't want to admit -
we are moving forward to an informal with the clerk to go over some of these and others in the documents and interrogatories. Big deal lots of work.
Thank much for your help.
Steve

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SUZANNE7


Joined: 05/14/19

Posts: 17

RE: Discovery Admissions
06/28/19 11:55 AM

You know it's fine if they want to add on testimony, as long as they admit the facts.
Whatever they put in writing AND gave to you, they can never retract, it is testimony for all purposes, so let them have at it.
Then, when/if they lie, and you catch them in a lie, and prove it in the discovery phase, they've pretty much already lost their case.

So let them pontificate, expand, explain, complain, embellish, as long as they meet the REQUIREMENT by the court which is to write "admit, deny or no knowledge".

Catch them in the lie, they lose cred, they lost.

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