How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John
John, Attorney
Category: Legal
Satisfied Customers: 4523
Experience:  Licensed and practicing attorney.
71296933
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

Hello, How many questions is the def allowed to ask plaintiff

This answer was rated:

Hello, How many questions is the def allowed to ask plaintiff when requesting admissions during the discovery period.


or in other words....How many questions does the plaintiff answer for the defendant when the defendant is asking for Admissions Request?
Hi, thanks for submitting your question today. There is no limit in the number of requests for admissions a party may make in federal court. Further, regardless of the number of requests for admission, the federal rules allow 25 written interrogatories, including all discrete subparts. In other words, a party can ask unlimited requests for admission plus the 25 interrogatories.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 3 years ago.


so,,if the def ask questions under the Admissions catergory, there is no limit....for instance can def ask 86 questions as part of the request for ADMISSION...,or is that 25 question for Interrog. What is the diff between INTERROGORIES and ADMISSIONS

The first thing I'd recommend you do is fully review Federal Rules of Civil Procedure 33 and 36 here. These are the rules regarding interrogatories and requests for admission. An interrogatory is just a question - for example " Who are all the parties or persons with knowledge of these events?" A party can only ask 25 interrogatories.

A request for admission is different as it both requests the admission or denial of an allegation and has legal consequences if not answered or if admitted. Particularly, if a fact or issue of law is admitted in an admission, then it is considered as such "true" and undeniable for the remainder of the case; you cannot go back and retract or explain it. Second, if you deny it you have to explain why the allegation of law or fact is not true. Third, if you do not answer the request for admission within 30 days of service it is considered admitted.

A party could theoretically ask 85 requests for admission...that's a bit extreme and I'd have to wonder if these are relevant requests - i.e., they do not have anything to do with your case. If you believe the requests for admission are not relevant to the case you can file a motion to quash them, which basically means your asking the court to strike it and not require that you answer it .
John and 7 other Legal Specialists are ready to help you

Related Legal Questions