Michigan Property Law: Civil Litigation Discovery Requests, Request for Admissions
Requests for Admissions
When a case filed in civil court is pending, the parties have options to obtain more information to use in their respective cases. One option is to send a request for admissions to an opposing party. For more detailed and specific information, please review MCR 2.312.
A request for admission is a series of questions asked by one party to the party-opponent requesting them to admit or deny certain statements in writing. This is similar, in terms of the types of questions, to questioning a witness during a deposition.
These requests are typically made in writing. When responding to these requests, the witness must sign the response before a notary and submit their responses within twenty-eight days of service.
Scheduling orders issued by the court are an important part of this process. These orders may restrict when, how, and how many questions the parties may ask. Further, requests for admissions may not be allowed in Michigan’s District Courts without a court-order permitting them. However, these requests are frequently made if a civil-claim is pending in Michigan’s Circuit Courts.
If a party opponent fails to respond to a request for admissions, the questions could be used as admissions against them in future proceedings. Further, the opposing party could file a motion with the court asking the presiding judge to issue an order compelling them to respond, or even award sanctions. It is vital to respond to these requests in a timely manner.
A party also has the option of objecting to questions. Some questions may not be answerable due to confidentiality concerns or other reasons. If a party objects but the opposing party still wants a response, either party may have the option of bringing a motion before the court to ask the presiding judge to issue an order regarding the issue.
If a party abuses the discovery process, the opposing party may file a motion with the court and ask for sanctions.
Responses from requests for admissions may be used, among other things, in trial to impeach a witness or used in motions for persuasive purposes.
For more detailed and specific information, please review MCR 2.312.
For more information on Depositions, click here.
For more information on Interrogatories, click here.
Demand for Production
For more information on Demands for Production, click here.
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