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Requests for admission in dissolution (divorce) case in California

Requests for admission in a dissolution (divorce) case in California are the topic of this blog post.   Requests for admission in a California divorce case are authorized by California Code of Civil Procedure 2033.010, et seq., and Family Code section 210.

Requests for admission are an extremely useful tool for getting certain admissions or denials of issues relevant to the lawsuit on record before the trial, as well as authenticating certain documents. There are two types of requests for admission, truth of facts, and genuineness of documents.

I have worked on hundreds of divorces in California since 1995 and I am always surprised how often it is to see a divorce case where the use of requests for admission should not be a vital part of the discovery process.

Code of Civil Procedure § 2033.010 states that, “Any party may obtain discovery within the scope delimited by Chapters 2 (commencing with Section 2017.010) and 3 (commencing with Section 2017.710), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.”

Family Code § 210 states that, “Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code.”

A respondent may propound requests for admission at any time, however a petitioner may not do so until at least ten (10) days have passed since service of the summons on the respondent, or the general appearance by the respondent, whichever occurs first. See Code of Civil Procedure § 2033.020.

There is a numerical limit of thirty five (35) on the number of requests for admission as to the truth of facts. However if a supporting declaration stating that any additional requests for admission are warranted due to the complexity of the case and other certain factors is attached, then any party may propound additional requests for admission. See Code of Civil Procedure §§ 2033.030 and 2033.040.

There is no numerical limit on requests for admission of the genuineness of documents except as justice requires to protect the responding party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. See Code of Civil Procedure §§ 2033.030 and 2033.050.

Requests for admission do have certain specified format restrictions. No request for admission may contain subparts, or a compound, conjunctive or disjunctive question. See Code of Civil Procedure § 2033.060. This means that a request for admission cannot contain part a, b, c, etc., nor can it contain a question with more than one part, and it cannot contain the word “and” which is conjunctive and it also cannot contain the word “or” which is disjunctive.

Although many requests for admission do violate these format rules any party using such a format runs the risk of the responding party objecting on the grounds that the requests for admission violate the format restrictions.

I also recommend the use of the Form Interrogatories-General, Judicial Council Form DISC-001 is recommended as it should be prepared and served concurrently with the requests for admission. A party should be sure to check box 17.1 as this will force the responding party to provide a detailed response for each response to a request for admission that is NOT an unqualified admission.

This is just another way to force the respondent to provide the details of any possible contentions that they are claiming regarding debts, property custody and visitation, etc., who has personal knowledge of the facts relating to those issues, what documents support those facts, and who has possession of said documents.

Attorneys or parties that would like to view a portion of a sample 7 page requests for admission designed for a California divorce containing brief instructions, example requests for admission and a proof of service by mail sold by the author can see below.

Attorneys or parties in California that would like more information on a California divorce litigation document package containing over 45 sample documents including sample requests for admission can use the link shown below.

California divorce litigation document package

To view over 300 sample legal documents created by the author of this blog post visit: http://www.scribd.com/LegalDocsPro

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://www.legaldocspro.net/newsletter.htm for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by visiting http://www.legaldocspro.net

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

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