Requests for Admissions in Employment Litigation

posted by Neil Klingshirn  |  Jan 15, 2010 3:40 PM [EST]  |  applies to Ohio

Each case turns on its own facts.  However, employment litigants rarely have all of the facts that they need to prove their claims. Instead, they must usually obtain documents and testimony from the employer and other witnesses.  A court’s Rules of Civil Procedure (its “Civil Rules”) empower them to do this.

The Civil Rules include Rule 36, which allows parties to ask the other party to make admissions about undisputed facts.  Federal and state courts have each adopted Civil Rules that are similar, although not identical, to each other.  The Civil Rules have the force of law.

Requests for Admissions

Under the Civil Rules, one party can ask another party to a lawsuit to admit:

A request to admit the genuineness of a document must be accompanied by a copy of the document, unless it was already furnished.

The answering party must answer or objection to a request for admission in writing, signed by the party or its attorney, within 28 to 30 days, depending on the court, unless the parties agree to, or the court orders, a longer or shorter time to respond. If the answering party fails to respond adequately in writing within the required time, the court can treat the matter as admitted.

If the answering party does not admit a matter, the party must:

If the answering party has made reasonable inquiry and lacks information sufficient to enable it to admit or deny the request, the answering party can assert lack of knowledge or information as a reason for failing to admit or deny the request for admissions.  

An admitted matter is conclusively established unless the court permits the admission to be withdrawn or amended. However, an admission cannot be used against the party in any other proceeding.

Other Discovery Tools

In addition to Request for Admissions, the Civil Rules also provide for Depositions (Civil Rules 30-32 and 45), Document Requests (Civil Rule 34 and 45) and Interrogatories (Civil Rule 33).

Timing or Sequence of Discovery

Unless the court orders otherwise, methods of discovery may be used in any sequence. Discovery by one party does not require any other party to delay its discovery.

Discovery Plan

A Discovery Plan sets out a course of action to gather all available evidence within the time allowed for the Civil rules.  Although not required by the Civil Rules, each party should prepare a Discovery Plan for all but the simplest case.

External Links

Links to external sites with additional information about this topic.

• Federal Rule of Civil Procedure 36.

posted by Neil Klingshirn  |  Jan 15, 2010 3:40 PM [EST]  |  applies to Ohio