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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
- Parties only
- may not be used prior to commencement of the litigation
If not denied, then automatically deemed admitted
Means facts do not need to be proven or authenticated at trial
and Admit into record are different
Five possible responses to a Request for Admission
- 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.
Lay a Foundation
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.
- 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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