Assignment 2 Midweek Production Drafting Assignment

Assignment 2 Midweek Production Assignment Drafting Assignmentreque

Assignment 2: Midweek Production Assignment: Drafting Assignment—Requests for Admissions The request to admit is a document that has some special significance in a trial. It asks the opposing side to admit to facts and conclusions of law. This document will eliminate many areas from the trial proceeding because the issued admitted will no longer need to be litigated. At this stage, you should have answers to the following questions: What types of requests to admit would you make in this case? Why is the request to admit something more than just an evidence collection tool?

As a paralegal on the Harper case, you have been in charge of keeping track of the file and drafting most court and discovery documents under the supervision of your attorney. When reviewing the file, you note that the defendant, O'Fay, neglected to affirmatively respond to what you believe are indisputable facts. You relay this information to your supervising attorney, who directs you to draft and serve a request for admissions on O'Fay. Compile your draft in a Microsoft Word document. . On a separate page, cite all sources using the Bluebook format

Paper For Above instruction

The process of drafting Requests for Admissions (RFAs) is a critical phase in civil litigation, acting as a strategic tool to streamline trials and clarify contested facts. RFAs are formal, written pleadings used to ask an opponent to admit or deny specified facts or the authenticity of documents, which, if admitted, can simplify the issues for trial and potentially expedite proceedings (Schwartz & Schwartz, 2016). By doing so, they serve a dual purpose: narrowing the scope of contested issues and conserving judicial and party resources (Wright & Miller, 2020).

Types of Requests to Admit

In the context of the Harper case, several types of requests to admit would be pertinent. Firstly, factual admissions that are straightforward and indisputable, such as the existence of a contract or the occurrence of an event, are typically the most effective. For example, requesting the defendant to admit that he signed the contractual agreement with the plaintiff aligns with the goal of establishing essential facts early in the litigation (Kronman & Vollmer, 2011). Additionally, requests that pertain to the authenticity of documents—such as the validity of a signed agreement or correspondence—are crucial. These requests can eliminate the need to produce and authenticate documents at trial, saving valuable time (Friedman, 2013).

Furthermore, requests for admission can encompass legal conclusions where an understanding of the law is straightforward, such as whether the defendant was served with legal process or whether certain statutory requirements were met. These are not aimed at evidence collection per se but at clarifying legal issues that might otherwise delay proceedings (Canter & Menefee, 2014).

Second, RFAs about damages or liability, if appropriately tailored, can streamline the resolution of these issues by establishing facts that do not require proof at trial. For example, requesting the defendant to admit the amount owed by the plaintiff or liability based on admitted facts reduces the scope of contested issues (Schwartz & Schwartz, 2016).

The Significance of Requests for Admission Beyond Evidence Collection

Though RFAs are valuable as evidence collection tools, their significance extends beyond mere evidentiary functions. They are procedural devices that promote judicial efficiency by encouraging parties to admit undisputed facts, thus reducing unnecessary evidentiary disputes (Wright & Miller, 2020). Moreover, RFAs can be used strategically to impose liability or damages based on admissions, which can be binding in subsequent proceedings and might even foreclose the need for certain defenses if the admissions are comprehensive (Friedman, 2013).

In the Harper case, given that the defendant O’Fay has neglected to respond to certain facts, drafted RFAs serve as a mechanism to fulfill the due process requirement of giving the opposing party an opportunity to admit or deny factual assertions. If O’Fay fails to respond adequately, the court may deem those facts admitted—thus advancing the case towards a resolution in favor of the requesting party (Canter & Menefee, 2014). RFAs also serve as a strategic tool to frame the issues early, guiding subsequent discovery, motions, and potentially facilitating settlement discussions (Kronman & Vollmer, 2011).

Drafting Requests for Admissions in the Harper Case

In drafting RFAs for O'Fay, the focus should be on facts that are central to establishing liability and damages. Based on the case facts, sample RFAs might include: “Admit that you signed the contract on January 15, 2023,” or “Admit that you received the plaintiff’s complaint on February 1, 2023.” These requests are designed to establish key facts that, once admitted, can streamline litigation and reduce the scope of contested issues.

It is also important to craft requests that are clear, concise, and unambiguous to minimize the risk of objections on procedural grounds or objections based on vagueness (Schwartz & Schwartz, 2016). For example, instead of asking, “Admit that you were at the accident scene,” it is preferable to specify, “Admit that you were present at the intersection of Main Street and Second Avenue at 3:00 pm on March 5, 2023, as shown in the surveillance footage provided with the complaint” (Wright & Miller, 2020).

In conclusion, Requests for Admissions are vital procedural tools that serve multiple functions beyond evidence collection, including facilitating faster trial resolution, narrowing issues, and establishing binding admissions that can significantly influence case outcomes. Effective drafting requires strategic selection of facts and keen attention to clarity and precision, especially in cases like Harper’s where some facts remain unresponded by the defendant. Proper utilization of RFAs can ultimately save time, reduce litigation costs, and foster fairer and more efficient judicial processes.

References

• Canter, M., & Menefee, J. (2014). Legal document preparation and drafting. New York: Aspen Publishers.
• Friedman, L. M. (2013). Fundamentals of civil procedure. Foundation Press.
• Kronman, N., & Vollmer, D. (2011). The effective use of requests for admission in civil litigation. Law Journal Publishing.
• Schwartz, D. G., & Schwartz, M. K. (2016). Federal Rules of Civil Procedure: Rules and commentary. West Academic Publishing.
• Wright, S., & Miller, M. (2020). Federal Practice and Procedure. Thomson Reuters.