A request for admission is a discovery tool used in litigation to confirm areas in which the parties agree or block a party on certain positions or facts. They are written in a yes or no format that does not allow for explanations. The most important thing about admissions is that there is a period in which they must be answered and if you do not answer in due time and form, they are considered admitted. This means that the answer to any question formulated in them is supposed to be accepted or affirmative. This can have horrific consequences in your case, as the other party can use these purported admissions against you, either at trial or in a summary judgment hearing.
How you handle estimated admissions depends on when you discover the problem. There are several different times when the problem may or may not appear at all. The following are common times when considered admissions become an issue:
1. During the summary trial. A motion for summary judgment alleges that the moving party’s case has already been proven to the point that the court has no choice but to find in that party’s favor. Presumptive admissions are an excellent basis for a motion for summary judgment because they are considered statements by the non-responding party admitting guilt or at least the elements that the moving party must prove to win the motion for summary judgment. You usually find out that the other party is using estimated admissions as the basis for summary judgment when you receive the motion. The moving party must explain exactly why it should automatically win and must mention that it is using the considered admissions. Once you receive this movement, the clock will have started. You must resolve the issue before the hearing on the motion for summary judgment is held. If necessary, you may need to ask the court to extend the motion for summary judgment to give you the time you need. You will need to file a motion to withdraw admissions considered, which is a request to the judge to have the admissions withdrawn as considered and give you more time to respond. Usually, the judge will give you a very short time to file your answer after withdrawing the considered admissions.
2. In hearing or trial. It is not uncommon for the lawyer who sent the applications for admission not to mention that there was no response. They will then pull out the admissions considered at a hearing or trial as a surprise. If this happens, you should immediately request a deferral to address admissions. If the judge refuses to grant the continuance, which is likely, your only option is to object to the inclusion of the considered admissions and to remind the judge and jury as often as possible that the admissions are not really yours but the result of a legal technicality. This may cause the judge or jury to throw out the admissions, although it is not necessary.
