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Anyone ever heard of this???? Please help!

Posted by on Aug. 29, 2014 at 8:10 AM
  • 9 Replies

Attorney is asking for us to take another step before our initial court date. He wants us to do what is called a Request for Admission which I assume is sent to BM. Anyone ever heard of this and/or how it works?

by on Aug. 29, 2014 at 8:10 AM
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Replies (1-9):
DDDaysh
by on Aug. 29, 2014 at 8:29 AM
Admission of what?
britney678
by Bronze Member on Aug. 29, 2014 at 8:37 AM
It's a way that you narrow the issues at trial. If you get the other side to admit (or stipulate) to certain things ahead of time, then you don't have to prove them at trial.

"Admit or deny that BF has paid you $500 per month of CS since June 2013"

"Admit or deny that DD did not go to a dentist in 2013 or 2014."
BrownEyedGirl86
by Bronze Member on Aug. 29, 2014 at 8:37 AM

What state?

BrownEyedGirl86
by Bronze Member on Aug. 29, 2014 at 8:38 AM

http://en.wikipedia.org/wiki/Request_for_admissions
thats all I got....  

bottomline
by Silver Member on Aug. 29, 2014 at 10:09 AM

 Yes I have heard of one. DH's attorney sent one to bm during custody battle.  It narrowed the court time because the questions are specific and admit or deny type answers are given.  At first bm threw a fit and was refusing to answer but our attorney informed us that the judge would look at it as trying to avoid the issues and count against her.  She did complete it, on the advice of her attorney, and it was admitted into court. 

LiveInTheNow
by Member on Aug. 29, 2014 at 11:12 AM

 So basically she has to try and come up with things to prove these allegations arent true? BM doesnt have an attorney, she never got one, never said a word to us once she got her summons, nothing. I asume she will be there, but without an attorney. If he does this i doubt she will reply to them at least I dont think it would be a good idea for her to do it without some sort of guidance from an attorney, but you never know. Would u say this is something we should follow through with?

Quoting bottomline:

 Yes I have heard of one. DH's attorney sent one to bm during custody battle.  It narrowed the court time because the questions are specific and admit or deny type answers are given.  At first bm threw a fit and was refusing to answer but our attorney informed us that the judge would look at it as trying to avoid the issues and count against her.  She did complete it, on the advice of her attorney, and it was admitted into court. 

 

bottomline
by Silver Member on Aug. 29, 2014 at 12:23 PM
1 mom liked this

 Yes, follow through with it. If she doesn't complete it the judge will look at it as avoidance on her part, which doesn't look good for her.  Attorney or no attorney, she needs to complete the form or the judge will respond accordingly.  In out sitch our attorney told us this was a good idea, especially since bm was so high conflict.  The questions are cut and dried and the options for response are like admit or deny, and maybe a brief explanation.  It helped DH's case to have this form admitted into court. What did your attorney advise you about it?

Quoting LiveInTheNow:

 So basically she has to try and come up with things to prove these allegations arent true? BM doesnt have an attorney, she never got one, never said a word to us once she got her summons, nothing. I asume she will be there, but without an attorney. If he does this i doubt she will reply to them at least I dont think it would be a good idea for her to do it without some sort of guidance from an attorney, but you never know. Would u say this is something we should follow through with?

Quoting bottomline:

 Yes I have heard of one. DH's attorney sent one to bm during custody battle.  It narrowed the court time because the questions are specific and admit or deny type answers are given.  At first bm threw a fit and was refusing to answer but our attorney informed us that the judge would look at it as trying to avoid the issues and count against her.  She did complete it, on the advice of her attorney, and it was admitted into court. 

 

 

DDDaysh
by on Aug. 29, 2014 at 3:02 PM

She does NOT have to actually come up with evidence though.  She merely has to deny things.  If she denies them, the burden of proof is still on you. 

LiveInTheNow
by Member on Aug. 29, 2014 at 4:10 PM
1 mom liked this

 DH hasnt been able to get ahold of him the past two days hes been in court, but he said this was something he would like to do. He emailed DH and told him he would like to have a 15-20 minute phone call to explain and go over details.

Quoting bottomline:

 Yes, follow through with it. If she doesn't complete it the judge will look at it as avoidance on her part, which doesn't look good for her.  Attorney or no attorney, she needs to complete the form or the judge will respond accordingly.  In out sitch our attorney told us this was a good idea, especially since bm was so high conflict.  The questions are cut and dried and the options for response are like admit or deny, and maybe a brief explanation.  It helped DH's case to have this form admitted into court. What did your attorney advise you about it?

Quoting LiveInTheNow:

 So basically she has to try and come up with things to prove these allegations arent true? BM doesnt have an attorney, she never got one, never said a word to us once she got her summons, nothing. I asume she will be there, but without an attorney. If he does this i doubt she will reply to them at least I dont think it would be a good idea for her to do it without some sort of guidance from an attorney, but you never know. Would u say this is something we should follow through with?

Quoting bottomline:

 Yes I have heard of one. DH's attorney sent one to bm during custody battle.  It narrowed the court time because the questions are specific and admit or deny type answers are given.  At first bm threw a fit and was refusing to answer but our attorney informed us that the judge would look at it as trying to avoid the issues and count against her.  She did complete it, on the advice of her attorney, and it was admitted into court. 

 

 

 

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