Discovery in a California divorce is not limited to asking questions or requesting financial documents. Another useful discovery tool is a Request for Admission, which asks the other party to formally admit or deny particular facts or the genuineness of documents.

Requests for admission can help identify which issues are actually disputed and which issues do not need to consume additional time at trial. Unlike interrogatories, their primary purpose is not simply to gather information—it is to narrow the matters that remain in controversy.

What Can a Request for Admission Ask?

A request for admission may ask a spouse to admit that a particular statement is true.

It may also ask the spouse to admit that a particular document is genuine.

In a family law case, the subjects of requests for admission will depend on the disputed issues. They may concern financial transactions, ownership of property, events relevant to the litigation, or documents that may later be used as evidence.

Each request should clearly identify the particular matter the responding party is being asked to admit.

This differs from an interrogatory, which generally asks the other party to provide information or explain facts in a written response.

Why Are Admissions Important?

An admission can have significant consequences during the pending case.

A matter properly admitted in response to a request for admission is conclusively established against the party who made the admission unless the court later permits the admission to be withdrawn or amended.

That makes requests for admission particularly useful for narrowing issues.

For example, if the parties can establish that a particular document is genuine before trial, they may not need to spend additional time establishing that point later.

Similarly, if a factual issue is admitted, the parties can focus their preparation on matters that remain genuinely disputed.

Responses Should Be Taken Seriously

Requests for admission should not be treated as routine paperwork.

Because an admission can conclusively establish a matter in the pending action, each request should be carefully reviewed before a response is provided.

When a party does not provide an unqualified admission, additional discovery may also be used to determine the factual basis for that response. The source materials specifically discuss combining requests for admission with interrogatories asking the responding party to identify the facts and documents supporting answers other than an unqualified admission.

This can help reveal why a particular fact is disputed and what evidence the responding spouse believes supports their position.

Requests for Admission Can Make a Case More Focused

A divorce may begin with numerous disagreements, but not every factual issue ultimately needs to be litigated.

Requests for admission can help separate genuinely contested issues from matters that can be established without unnecessary testimony or evidence.

Used appropriately, they can make discovery and trial preparation more focused by clarifying what the parties actually disagree about before the case reaches its final stages.

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