California family law discovery is not limited to asking questions and requesting documents. A Request for Admission asks another party to formally admit or deny a particular fact or the genuineness of a document. The procedure can help narrow the issues that genuinely remain disputed, establish facts relating to property or other claims, and determine whether documents will need additional authentication later in the case.

A Request for Admission Asks a Party to Admit a Specific Matter

Requests for admission differ from interrogatories.

An interrogatory asks the responding party to provide information. A Request for Admission instead asks the party to admit the truth of a particular fact or acknowledge that a document is genuine.

For example, requests for admission can be used when investigating a separate property claim. A party might seek admissions concerning when an asset was acquired, whether particular funds were used in a transaction, or whether certain financial documents are authentic.

They can also be useful when investigating reimbursement issues. Requests may address the existence of a particular debt, payments made toward that debt, or other facts relevant to determining whether one spouse has a reimbursement claim.

The goal is to determine which facts actually require proof. When a matter is properly admitted, the parties can focus their attention on issues that remain contested rather than spending hearing or trial time proving matters that are not genuinely disputed.

Responses Must Be Made in Writing and Under Oath

A party receiving Requests for Admission must provide formal written responses under oath.

The responding party generally must admit the requested matter, deny it, or explain why the party cannot truthfully admit or deny it.

A party cannot avoid responding merely by claiming not to know the answer when the information could reasonably be investigated. If the party lacks enough information to admit the matter, the response must indicate that a reasonable inquiry was made and that the information known or readily available remains insufficient to permit an admission.

That requirement can be important in California divorce cases involving financial transactions. A spouse may need to investigate reasonably available information before claiming an inability to answer a request concerning property, debts, payments, or documents.

When a requested fact is denied, other discovery methods may be used to investigate the basis for that denial.

Requests for Admission Can Help Narrow Property and Financial Disputes

Requests for admission can be used alongside document demands, special interrogatories, depositions, and subpoenas.

Suppose a spouse claims that an asset is separate property because it was purchased before marriage. Document requests may obtain the title and account records. Interrogatories may ask the spouse to explain the claimed separate property source. Requests for admission can then seek formal admissions concerning particular dates, transactions, or documents.

The same combination of discovery tools can be useful for reimbursement claims involving separate or community funds.

Requests for admission may also be used to establish the genuineness of documents. This can reduce disputes about whether a particular document is authentic and allow the parties to focus instead on what the document proves.

The responding party may object when a legally valid basis exists. A party responding to Requests for Admission can also seek a protective order when necessary to prevent unwarranted annoyance, embarrassment, oppression, or undue burden and expense. Depending on the circumstances, a court can order that some requests need not be answered, extend the response period, or protect the confidentiality of responses.

Conclusion: Requests for Admission Identify What Is Truly Disputed

Requests for Admission serve a different purpose from ordinary written questions. Rather than asking another party to explain an issue, they ask that party to formally admit or deny a particular fact or the genuineness of a document. In a California family law case, this procedure can narrow property and financial disputes, establish uncontested facts, and identify the issues that will actually require evidence if the matter proceeds to a hearing or trial.

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