Saving Client Dollars with Requests for Admission

Requests for admission (“RFAs”) are concise statements of fact directed to the opposing party in a civil lawsuit. The opposing party must admit or deny each statement. Any statement not denied is treated as a proven fact in the case. In the federal and state courts of Kansas and Missouri, a party has 30 days to admit or deny RFAs. If not denied within the time permitted, the statement is deemed admitted.

RFA’s are cheap, effective and underutilized. They are an excellent device to narrow disputed issues at nominal cost, shorten depositions, and especially useful to obtain three categories of information.

1. Dates and chronology.

For example, the defendant in a failed transaction may request the following admission.

Admit plaintiff and defendant did not negotiate the asset purchase agreement before January 1, 2008.

Admit – Deny

If the plaintiff admits the request, then attempts to offer evidence of misrepresentations before January 1, 2008, the defendant may have grounds to exclude the evidence. As another example, a director defending a corporate negligence case may request the following admission.

Admit the defendant did not serve on the board of directors after January 1, 2008.
Admit – Deny
If the plaintiff admits the request, then seeks to hold the defendant responsible for board decisions after January 1, 2008, the defendant may have a factual defense based on this single admission.

2. Foundation for key exhibits.
For example:
Admit Exhibit 1320 is a true and accurate copy of the original document.
Admit – Deny
Admit Exhibit 1320 is a record of regularly conducted activity within the meaning of Rule 803(6) of the Federal Rules of Evidence.

Admit – Deny
If the opposing party admits these requests, he can no longer object to the authenticity of Exhibit 1320, nor can he raise a hearsay objection to Exhibit 1320. Trial attorneys should use RFAs to eliminate foundation objections for their most important documents.

3. Revealing baseless allegations.

Where a plaintiff has made allegations on information and belief, an RFA can be effective to show the allegation is a shot in the dark. For example:

Admit the plaintiff is aware of no witness who would testify the defendant was involved in preparing any Form 10-K for the Securities & Exchange Commission.

Admit – Deny
Admit the plaintiff is aware of no document that would prove the defendant was involved in preparing any Form 10-K for the Securities & Exchange Commission.

Admit – Deny
Admit the plaintiff is aware of no evidence that would prove the defendant was involved in preparing any Form 10-K for the Securities & Exchange Commission.

Admit – Deny
This trio of requests, at a minimum, will reveal the form of evidence the defendant can expect against her. However, if the plaintiff admits all three requests, the defendant may have grounds to strike parts of the petition or complaint. RFA’s can be used to keep opposing parties and lawyers careful with their claims.

Counsel should seek opportunities to expand their use of RFA’s, not only to improve discovery, but to save client dollars. Moreover, RFAs can focus the attention of opposing counsel to specific strengths and weaknesses, which may lead to early and productive case resolution.

Gaddy Geiger & Brown is a trial firm offering a unique blend of energy, strategy and courtroom experience. To contact to a Kansas City business dispute lawyer, Kansas City white collar criminal defense attorney, or Kansas city appeals attorney visit http://www.ggbtrial.com.