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Request for Admissions in a Divorce

Admissions of fact

Think “solidifying facts about your case before you go to trial”.

Admissions of fact (also known as Requests for Admission) are requests to a party to admit or deny the truth of a statement under oath. It can also be used to have a party verify the genuineness of a document. If admitted, it can be relied upon as true for all purposes of the legal action.  

When used, these requests are often initiated towards the end of the discovery process to settle uncontested issues. Unfortunately, they are the most underutilized tool in the discovery process. 

Request for Admissions in a divorce

As with all other types of discovery, it is critical that individuals respond to the requests in the required time. Failing to do so may result in being deemed admitted. In other words, if asked to admit “Admit that you physically punch your elder son in the nose on January 1, 2014” and you fail to answer, some courts may accept the unanswered question as admitting that you did, in fact, physically strike your elder son on January 1, 2014.

It is also important to be truthful when answering. Let’s say an individual is asked the same question above and they answer with a denial (acknowledging they didn’t). There is a presumption that if the question is asked, that the asking party may have some knowledge of it happening. Now, imagine you are in court and you are questioned about the incident and evidence is entered to demonstrate that you did punch your son in the nose on that date. This will most likely result in losing credibility with the judge. In other words, they won’t believe you from that point on when they have to decide who is telling the truth.