A request for admission is a type of discovery where the plaintiff and defendant can ask each other to confirm or deny different statements in writing.
Discovery is where the plaintiff and defendant exchange information.
Here are two examples of request for admissions:
In a car wreck case, where the defendant hits us, we may put a statement like, “Admit or deny that the plaintiff, the one who was injured, did nothing to cause the wreck.”
The defendant can either admit that the plaintiff did nothing wrong, or they can deny it and say that the plaintiff had something to do with causing the wreck.
We may also ask them to admit or deny whether or not there was a defect in the road that contributed to the wreck.
Again, they have to choose what to say.
If they admit it, then we don’t have to hire an expert to go and check the road for damages that could have contributed the the wreck.
If they deny it, then we will definitely follow up on that statement when we take the defendant’s deposition and ask them what was wrong with the road that played a part in the wreck. We always like our opponent to take an absurd position that makes them look like an idiot to the jurors.
In the context of suing a debt collector, when we sue them for illegal calls to your cell phone, we would ask the defendant to admit that they used an auto-dialer, that they called our cell phone number, and that they called X amount of times.
When we’re starting a lawsuit, there are many issues, and we’re trying to narrow those issues down to see what really is in dispute.
In the case of the debt collector, there’s no dispute that they called our cell phone hundreds and hundreds of times. So we ask them to verify that they called us 100 times or 150 times or however many times it is that we were called.
It’s important to remember that if you’ve received a request for admissions, then you need to respond to it before the deadline, otherwise you admit to it by default.
If you live in Alabama and you have any questions, you can reach us by phone at 1-205-879-2447.
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