delta1 Posted October 1, 2008 Report Share Posted October 1, 2008 5 months after I served my response to a complaint the plaitniff tried to get a default and was denied. Now I received a request for production, a request for admissions and rogs. SOP for the plaintiff with the exception of something I have never seen before:The attorney submitted a notice of request for admissions along with the request for admissions. The "Notice" is laying out ground rules on how I can answer the admissions. It is bizarre.. Have to clarify everything.. objections, denials shall fairly meet the substance of the requested admission, not lack of information..Has anyone seen anything like this before? I am in Florida. Also, they were not sent via certified mail, nothing showing at the local courthouse house yet. The certificate of service is dated 9/25/08 and the envelope is postmarked 9/29/08. I know that is a no no.I also know they are on a fishing expedition as they are the JDB but these ground rules they have layed out is making it difficult. Any input would be appreciated - thanks in advance. Link to comment Share on other sites More sharing options...
mcb11902 Posted October 1, 2008 Report Share Posted October 1, 2008 I've never seen anything like that either. As for not being served by certified mail, they don't need to be unless the certificate of service says they were served by certified mail. Regular mail or fax is fine. Definitely save the envelope with the postmark. Look at Florida Rules of Civil Procedure 1.370 which deals with requests for admissions. Link to comment Share on other sites More sharing options...
nascar Posted October 1, 2008 Report Share Posted October 1, 2008 something I have never seen before:The attorney submitted a notice of request for admissions along with the request for admissions. The "Notice" is laying out ground rules on how I can answer the admissions. It is bizarre.. Have to clarify everything.. objections, denials shall fairly meet the substance of the requested admission, not lack of information..Has anyone seen anything like this before? I am in Florida. Sure, this is right out of your Rules of Civil Procedure - 1.370, I think. Despite what you read on the internet, a proper response to a Request for Admissions is not a blanket denial. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 2, 2008 Report Share Posted October 2, 2008 I think they did the right thing. There is nothing more frustrating than sending a Notice to Admnit and getting "Can't say as I do not know" answers.Remember this: plaintiffs can't use the N/A to shortcut proof and discovery. So, they cannot use them to prove questions of ultimate fact. E.g., it is unfair to ask you to admit " Defendant owes the amount in the complaint" Likewise, it is unfair for themt o roll more than one fact into a statement. If there are things you can admit to, do so. If there are statements which parrot the complaint and to which you have denied in your answer, then deny. If you think the requests are unfair, write the lawyer by certified mail and express your concern and ask them to withdraw the Notice. Link to comment Share on other sites More sharing options...
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