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JDB Did not respond to Request For Admissions w/in 30 days


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Mass. RCP says Plaintiff must respond to RFA w/in 30 days and that the default is deemed admitted for failure to do so. (it's well over the 30 days) I called at their lawyer at Day 33 and he said he had told them too,and would tell them again.

They did respond to rogs & RFD ontime and their answers are, as always, insufficient.

Some advise I should MTC but that gives them more time to file admissions, correct?

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Proper course of action when other party fails to respond to admissions is motion to have admissions deemed admitted. Some like to accompany these motions with MSJ, but many courts are not in favor of granting SJ based on failure to admit (that is, if the "admitted" responses prove your case). In any event, it may be worth doing, regardless.

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Sounds good. My recommendation is not to pursue discovery. Ask once, that's it. No answers? Good for me, bad for you. Why would you pursue them? This is a common mistake. Don't forget, you are asking them to produce stuff that will make you lose your case. How many chances do you want to give them?

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  • 1 month later...

RCP in my state gives 30 days for JDB to reply to my RFA. They did not.

It's actually been 60 days - still nothing and I've certainly stopped asking

This thread had recommended I file Motion to deem admitted but in my state they most often use that Motion to give JDB extension of time to respond.

Now what? I've a pre-trial date coming up to set trial date.

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This happened to me recently. I reminded the dumb arses that it was late. When I still got no response, I filed Motion to Deem Admissions Admitted and a MSJ. By the time we got to court, attorney had sent the admissions. Judge thought that was okay.

Rules often don't apply to plaintiff. We know they wouldn't let us get away with that.

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  • 3 months later...

Many thanks to those who replied here, and to the entire Forum who made all the difference for this newbie.

On Monday, I was outside the courthouse, fully loaded with statutes, docs, questions, cases, open & closing arguments: 3 notebooks of this (1 for the judge, 1 for me and 1 for the poor guy from MDLND)

He saw it all, and just offered MTD (I asked for prejudice) and we were done!

Lesson Learned:

Load up exactly as I did, and be prepared for full battle in court.....then wait for them to screw up somewhere, and they will.

btw: Legal Eagle & Coltfan are correct: Don't ask for docs more than once. They really don't want to go to trial as 70% of their wins are by default and if you fight, they'll have to earn their keep.

Also, it was my lesson that, when they did not respond to RFA - took them 90 days, I personally did not MTC so was prepared to claim admissions deemed admitted as just one of the many arrows I had.

For others, in my humble opinion, JP MGN-Chase is in such hot water at the moment, if you're headed for court, load-up on all of the stories coming out about acctg irregularities and the whistleblower story with her letter to the SEC about 3 ft high piles of rob-affidavits etc (Google the stories)...

Thanks to all, and all the best to everyone else!

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