Guide: Civil Procedure Before Trial (TRG 2020), ♨:1375.1 citing Wilcox v. Remember: A “ deemed admitted” order establishes by judicial fiat, that a non-responding party has responded to the requests by admitting the truth of all matters contained there.” Cal. However, no sanctions can be imposed for delay in responding to Requests for Admissions if answers were provided prior to the filing of the motion. This is the only place in the Discovery Act that imposes MANDATORY sanctions.
In essence, the statute is saying that “ substantially compliant” responses served prior to the hearing defeats a motion to have matters deemed admitted, and that it is MANDATORY that a monetary sanction be imposed against the responding party. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion. (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). (2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2033.220, and 2033.230. The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).
If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: Unlike the other discovery statutes dealing with the failure to respond, C.C.P. And, most importantly, on the day of the hearing you either have (1) your requests for Admissions Deemed Admitted or (2) “ substantially compliant” responses and sanctions in your pocket. There are no time limitations in bringing the motion. If you have not received responses to your Requests for Admissions, then you can file the motion. However, this is a lengthier process to get “ substantially compliant” answers or evidence sanctions, so I don’t recommend it. By bringing a Motion to Compel Answers to Requests for Admissions the propounding party gets the answers they want, keeps peace during the litigation and prevents the discovery process from escalating to an all-out war. It also has legal malpractice overtones to it because someone screwed up by not getting the answers in on time and the ramifications for their client are harsh. Bringing a motion to have matters deemed admitted throws down the gauntlet in the discovery process.
Yet, there are benefits in choosing this motion. Though they appear to be the same motions you would use for interrogatories, inspection demands, and depositions there are a few noteworthy twists and turns.Ī motion to compel answers to requests for admissions in the absence of a response may seem to be a wasted motion when you have the ability to bring a motion to have matters deemed admitted. All of them have their place in your discovery plan but two of them–Motion to Compel Further Responses and Motions to Have Matters Deemed Admitted must be in your arsenal. There are three motions that you can bring–(1) Motion to Compel, (2) Motion to Compel Further Responses, and (3) Motion to Have Admissions Deemed Admitted.
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