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  1. #1

    Default Request for Admissions Not Being Answered, What Now

    In a civil court case, if someone does not respond to a request for admissions, what does the asking party do? I know that the statements are assumed to be true but does something need to be filed saying they never answered or does the judge just know? I am in Florida.

  2. #2
    Join Date
    Mar 2009
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    Default Re: Request for Admissions Not Being Answered, What Now

    They have to respond. That is a given. They can deny all the admissions, but generally counsel wants to simplify things and will admit to things that are true or easily proven.

    If they do not respond within the time allowed, then you can file a motion with the court to compel a response to the admissions. They can later be found in contempt, etc. If there is a lawyer involved, the lawyer can be sanctioned. Making a judge mad is not the way to win a civil action.

    Generally, depending upon the type of case, I include the admissions, in effect, as statements of fact in the complaint itself. They have no choice but to admit or deny them. Of course, if there are a lot of unknowns they will need to be found out in discovery, so that tactic does not work.

    PS: Florida is a minimal pleading state. You don't have to spell out all the claims or give a statement of facts. However, in certain types of cases it is a good idea to spell it all out. I have actually had counsel try to get a case dismissed because I did not PROVE in the complaint the torts alleged. Boy did I prove what an idiot he was.

  3. #3
    Join Date
    Aug 2010
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    Lightbulb Re: Request for Admissions Not Being Answered, What Now

    Since request for admissions is part of the discovery process, I imagine that failure to comply would likely be subject to the same rules as other requests for discovery. So I would check the rules first. I went through something similar once. The judge in my case required an informal telephone conference with both parties present before allowing anyone to file a motion for sanctions. If you have jumped all the necessary hurdles and the other side still won't comply, I would file the motion and ask for costs and fees. I read once that requests for admissions should be mailed certified to avoid the annoying tactic of the other side pretending they were never received.

  4. #4
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    Default Re: Request for Admissions Not Being Answered, What Now

    You need to read the court rules.
    Quote Quoting Florida Rules of Civil Procedure, RULE 1.370. Requests for Admission
    (a) Request for Admission. A party may serve upon any other party a written request for the admission of the truth of any matters within the scope of rule 1.280(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Without leave of court the request may be served upon the plaintiff after commencement of the action and upon any other party with or after service of the process and initial pleading upon that party. The request for admission shall not exceed 30 requests, including all subparts, unless the court permits a larger number on motion and notice and for good cause, or the parties propounding and responding to the requests stipulate to a larger number. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant. If objection is made, the reasons shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless that party states that that party has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not object to the request on that ground alone; the party may deny the matter or set forth reasons why the party cannot admit or deny it, subject to rule 1.380(c). The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. Instead of these orders the court may determine that final disposition of the request be made at a pretrial conference or at a designated time before trial. The provisions of rule 1.380(a)(4) apply to the award of expenses incurred in relation to the motion.

    (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to rule 1.200 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved by it and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining an action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against that party in any other proceeding.

  5. #5
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    Default Re: Request for Admissions Not Being Answered, What Now

    that means your stuff is admitted .... usually a very good outcome

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