Legal Question in Civil Litigation in California
Can I use answers to requests for admissions in one case in a different case?
Asked on 3/20/10, 10:04 am
1 Answer from Attorneys
Mark Saltzman, MBA, JD
Law Offices of Mark E. Saltzman
You can use the requests for admissions in a second case, but not the same way.
An admission in one case would remain an admission. At trial or in a motion, you would just need to lay a proper foundation for the responses to RFA's and get past any hearsay objection that may be applicable.
On the other hand, you would not be able to have the cost-recovering portion of the RFA's. In the case where the RFA's originated, a party can recover the cost of proving a fact that was denied in response to and RFA. That rule would not be applicable in the second case.
Nevertheless, the original RFA's could be an effective method of impeaching a witness.
Answered on 3/25/10, 10:09 am