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.

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Answered on 3/25/10, 10:09 am


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