Civil Litigation

Card Set Information

Author:
kkohl1
ID:
214872
Filename:
Civil Litigation
Updated:
2013-04-21 16:58:14
Tags:
Civil Litigation Admissions
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Description:
Civil Litigation - Admissions
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  1. Two purpose of Request for Admissions
    • Form 1:
    • Written requestion to admit or deny statements
    • *Opintions of Facts, or the applicaiton of Law to Fact
    • Form 2:
    • Written request to admit or to deny genuineness of documents
    • *serve documents with request unless they have otherwise been made available for inspection and copying
  2. Admissions -
    • Parties only
    • may not be used prior to commencement of the litigation
  3. If not denied, then automatically deemed admitted
    Means facts do not need to be proven or authenticated at trial

    Admit

    and Admit into record are different
  4. Five possible responses to a Request for Admission
    • Admit
    • Deny
    • Admit in part/deny in part
    • Objection: must specify grounds
    • Neither admit or deny:  After a reasonable inquiry argue that you have insufficient information or knowledge to form a belief.
  5. Expert witnesses
    Lay a Foundation

    • Experience
    • Training
    • Education

    Once you have proven the above:

    Opinion Testimony:  Doctor to a reasonable degree of medical certainty do you have an opinion as to the permanent nature of the plaintiffs disability.
  6. Lay witnesses
    • Lay a foundation
    • * ask the witness where they were on the day and time of the accident
    • * what if anything did you observe at that time

    • Personal k nowledge regarding the facts you are being asked to testify about
    • * I saw
    • * I heard
    • * I smelled

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