Requests for admission are very valuable yet underutilized tool in a Massachusetts Divorce. They’re one of the best techniques to create admissible evidence for summary judgment and trial.
With requests for admission, you can take an evidence shortcut by getting the admission or denial of:
- The genuineness of any relevant document specified in the request;
- The truth of any specified relevant matters of fact (even a matter clearly in controversy);
- Opinion relating to fact; or
- The application of law to fact.
Let’s start with the key advantages of requests for admission:
- They’re relatively inexpensive.
- The responding party must investigate facts not personally known before responding to the request.
- They cut down on discovery costs. Requests for admission narrow factual issues so that subsequent discovery can be focused on areas of genuine dispute.
- They help prepare for summary judgment.
- They reduce trial costs. Requests for admission can reduce trial costs by, e.g., eliminating the need to call witnesses at trial simply to authenticate documents, eliminating the need for proof at trial on a point covered by an admission because the admission has binding effect.
- They can promote settlement. Requests for admission can reveal to the opposing party weaknesses in its case that can encourage movement toward settlement.
- They provide possible sanctions at trial. You may be able to recover the reasonable expenses, including attorney fees, incurred in proving each fact or the genuineness of each document at trial if the opposing party unjustifiably failed to admit the genuineness of any document or the truth of any matter when requested to do so and you prove at trial that the document is genuine or the matter is true.
Should you be in the midst of a divorce or contemplating divorce, contact the law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation.