Can a request for admission ask for a legal conclusion?
The following pertains to California law. The scope of requests to admit is quite broad. The request may seek a legal conclusion, and may seek an admission that a party was negligent or that such negligence was a legal cause of the injuries. CCP Section 2033.010; Garcia v.
What is legal conclusion objection?
Calls for a conclusion. The question improperly asks the witness to reach a legal conclusion, which is a job reserved for the judge or jury. Calls for an opinion. Generally, only expert witnesses may render their opinions; lay witnesses must testify only regarding their observations.
What are proper objections to requests for admissions?
Proper Objections A responding party has four options: (1) admit; (2) deny; (3) admit in part and deny in part; or (4) explain why the party is unable to answer. It is possible to object to all or part of a request as well, but courts do not like parties who play “word games” to avoid responding.
Can interrogatories asking for legal conclusion?
An interrogatory asking for a legal conclusion is allowed. But there are situations where it makes sense to object to an interrogatory on the ground that it asks for a legal conclusion. Such an interrogatory is objectionable if you cannot answer it until the parties complete discovery.
What is the purpose of user requests for admissions?
In a civil action, a request for admission is a discovery device that allows one party to request that another party admit or deny the truth of a statement under oath. If admitted, the statement is considered to be true for all purposes of the current trial.
What are the sanctions for the failure to admit facts made through a request for admissions?
A request for admission that is refused and later proved can carry a penalty of recovery of attorney’s fees. Depositions are generally taken in the courtroom. A peremptory challenge is a challenge for cause.
Can requests for admissions be compound?
Identify each document you wish the other side to admit is genuine. Each request must be for a single document; do not include compound requests or subparts.
What are objections to form?
An Attorney objecting to the form of a question is asking the other attorney to clarify a specific point. Common examples of objections as to form include: lack of authentication, compound, asked and answered, ambiguous then object to the form of the question.