Requests for admissions: Code of Civil Procedure section 2033.010, et seq.

Requests for Admissions (RFAs) should be propounded early and will be served alongside Form Interrogatories especially No. 17.1. RFAs are an excellent tool for determining truth facts at issue , and also help make sure that all appropriate parties are brought into your action. RFAs also are an excellent vehicle for establishing a basis for impeachment down the road. Perhaps more importantly, a response to admissions can present opportunities to maneuver for summary judgement . Remember that the amount of requests allowed is substantially different for limited versus unlimited cases, but you'll submit a supporting declaration to permit additional RFAs. If you face business issues in Orange county then consult with a business attorney orange county.

The beauty of RFAs: An admission is conclusively established against the responding party and any later-acquired evidence contrary to the admission might not be admissible without leave of court obtained through a noticed motion. Follow-up on admissions during a videotaped deposition: when a helpful admission is delivered to the jury's eyes and ears, the results are often quite effective evidence. Consider the impact you'll make on your jury by allowing them to watch the witness's facial expressions and visual communication upon making that admission during deposition, as against hearing the attorney read it from the paper itself (or the deposition transcript).

• Requests for production - Code of Civil Procedure section 2031,010, et seq.
Though mainly wont to demand production of documents and other tangible evidence, demands for inspection also apply to inspection of land or property. like RFAs, Requests for Production (RFPs) should even be propounded early when possible. like RFAs, the amount of RFPs allowed is different for limited versus unlimited cases, so be able to file a motion for extra requests as necessary (note that for unlimited cases, you'll propound as many demands as needed). confine mind that a failure to serve a timely response or any response will end in a waiver of any objections. (Code Civ. Proc., § 2031.300.) •Objections and withholdings

The responding party must “identify with particularity” the objections asserted to an item. If the responding party objects based upon privilege, the actual privilege invoked must be clearly stated. (Code Civ. Proc., § 2031.240, subd. (b)(2).) Typically, the responding party should submit a privilege log setting forth an in depth description of the document, including numerical identifiers (“Bates” numbers where possible), subject of the document, author, recipients, and date. (Wells Fargo Bank, N.A. v. court (2000) 22 Cal.4th 201, 205 [91 Cal.Rptr.2d 716].) Although privilege logs are not any longer required, a celebration deserving one should push for one. get on the lookout for meritless privilege assertions. for instance , it's going to be a far stretch for documents to be “attorney-client privileged” when the documents described are merely marketing documents prepared by a 3rd party at the responding party’s instruction. Continually press the privilege log issue and, if handling work-product assertions, avail yourself of in-camera inspections. (Evid. Code, § 915.)
For both RFAs and RFPs, generally get on the lookout for the responding party to file a motion for extra time or motion for protective order be prepared to combat them effectively. Note: Monetary sanctions during this instance are virtually mandatory! The court “shallimpose monetary sanctions against any party, person or attorney who unsuccessfully makes or opposes a motion for protective order, absent substantial justification or if sanctions would be unjust.

When the responding party fails to answer discovery, especially after the court orders supplemental responses, be able to move to compel. Always request sanctions under Code of Civil Procedure section 2023.010 et seq. when a writ has been violated.

Finally, for Microsoft Outlook users, cash in of “Outlook entries” to remind yourself when responses, motions, oppositions and replies are due; following up diligently on these deadlines won't only avoid missed opportunities but also will send your opponent a message that you’re not messing around with the evidence you’ll use to win your case.

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