When it comes to courtroom proceedings, a request to admit is a powerful legal tool used to prove that one party has knowledge of a statement of fact. This request is typically sent from one party to another and is often part of the process of discovery. It requests that the receiving party to presents proof that a certain fact is indeed true, false, or partially true.
How Does a Request to Admit Work?
Generally, a request to admit is sent by one party to the other and requires the recipient to respond to each request within a specific timeline. The request can only include facts that are not subject to interpretation. For example, a request may include a fact such as “John Doe graduated with a degree in Engineering in 2020.”
If the receiving party agrees with the statement, they will sign an affidavit or agreement to the effect that determines the truth of the statement. If there is disagreement, the receiving party must provide evidence to the contrary or admit to partial truth. There is also the option of not responding at all; however, this could be seen as an admission of the stated fact.
What Happens if a Response Is Not Provided?
If no response is provided to the request to admit, it could be seen as an admission of the statement. This can be dangerous for the recipient of the request, as an unproven statement of fact could be held against them in court. Additionally, when a statement is admitted, it cannot be contested at a later time, even if evidence is found to indicate otherwise.
Examples of a Request to Admit
Requests to admit are commonly used in civil cases where one party is requesting payment or assets from another. For example, in a contract dispute, a request could be sent from the plaintiff to the defendant to prove that the contract was signed on a certain date or that the terms of the contract were agreed to. If the defendant is unable to provide evidence to the contrary, they may be held accountable for damages or payment.
In employment law, a request may be used if an employee alleges wrongful termination by an employer. The employee can request that the employer prove that the termination was due to a valid reason. If the employer is unable to provide proof, they may be required to take certain actions or compensate the employee.
The Benefits of a Request to Admit
Requests to admit are an effective way for litigators to bypass the issue of proving facts in court and quickly establish the truth of a statement. This is especially helpful if a party is unable to provide proof or evidence to support their claims. By sending a request to admit, they can avoid costly time in the courtroom and provide the evidence they need to win their case.