An admission request is a discovery tool used in litigation to confirm areas where the parties agree or to block a party on certain positions or facts. They are written in a yes or no format that allows no explanation. The most important thing about admissions is that there is a deadline in which they must be answered and if you do not respond in a timely manner they are considered admitted. This means that the answer to any question formulated in them is supposed to be admitted or affirmative. This can have horrible consequences in your case, as the other side can use these purported admissions against you, either at trial or at a summary judgment hearing.
How you handle estimated admissions depends on when you discover the problem. There are several different times that the problem may or may not appear at all. The following are common times when considered admissions become an issue:
1. During summary judgment. A motion for summary judgment alleges that the moving party’s case has already been proven to the point that the court has no choice but to rule in favor of that party. Presumptive admissions are an excellent basis for a motion for summary judgment because they are considered statements by the non-respondent admitting guilt or at least the elements that the moving party must prove to win the motion for summary judgment. You usually find that the other party is using estimated admissions as a basis for summary judgment when you receive the motion. The moving party must explain exactly why they should win automatically and must mention that they are using considered admissions. Once you receive this move, the clock will have started. You must resolve the issue before the hearing on the motion for summary judgment takes place. If necessary, you may need to ask the court to continue the motion for summary judgment to give you the time you need. You will need to file a motion to withdraw the considered admissions, which is a request to the judge to withdraw the considered admissions and give you more time to respond. Generally, the judge will give you a very short time to file your answer after withdrawing any admissions under consideration.
2. At hearing or trial. It is not uncommon for the attorney who submitted the admission applications to fail to mention that there was no response. They will then pull admissions considered at a hearing or trial as a surprise. If this happens, you must immediately request an adjournment to deal with admissions. If the judge refuses to grant a continuance, which is likely, your only option is to object to the inclusion of the considered admissions and to remind the judge and jury as often as possible that the admissions are not really yours but the result of a legal technicality. This may cause the judge or jury to dismiss the admissions, although it is not necessary.