California Pedestrian Accident Attorney - Discovery; Request For Admissions

WHAT IS A PROTECTIVE ORDER?
The party requesting admissions serves a copy on the party to whom they are directed (and all Plaintiffs or Defendants in the pedestrian accident). If the request for admissions of facts exceed thirty-five the responding party may file a motion with the court (requiring an appearance in court by the Northern / Southern California pedestrian accident attorneys who will argue the motion) seeking a "protective order." The motion must be accompanied by a declaration stating facts showing a reasonable attempt at an informal resolution of the issues presented by such a motion. At the hearing, the party propounding the questions has the burden of justify the number of requests for admission.

The court, for good cause shown, may make any order that justice requires the court to protect the party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions:
1. That the set of admission requests, or particular requests in the set, need not be answered at all.

2. That, contrary to the representations the admission requests is unwarranted (for instance, merely intended to harass).

3. That the time to respond to the set of admission requests, or to particular requests in the set, be extended.

4. That a trade secret or other confidential research matter is sought in the disclosure.

5. Development, or commercial information not be admitted or be admitted only in a certain way.

6. That some or all of the answers to requests for admission be sealed and thereafter opened only on order of the court.

WHAT HAPPENS WHEN ONE SIDE ABUSES THE PROCESS?
Unless the court finds that the loser at the motion for a protective order acted "with substantial justification (or that other circumstances made the imposition of the sanction unjust), the court must impose a monetary sanction (a fine) on the California accident lawyer or party who unsuccessfully makes or opposes such a motion.

HOW MUST THE REQUESTS FOR ADMISSIONS BE ANSWERED?
The answering party must answer each question, or note an appropriate objection. This response must be under oath.

Each answer in the response shall be as complete and straightforward. Each answer shall:
1. Admit so much of the matter involved in the request as is true.

2. Deny so much of the matter involved in the request as is untrue, and

3. Specify which part of the question the responding party lacks sufficient information to answer.

If a party lacks information as a reason for failure to respond to a request for admission, he shall state in the answer that a reasonable inquiry concerning the matter in the particular request has been made, and that the information known or readily obtainable is insufficient to enable him to admit the matter.

If only a part of a request is objectionable, the rest of the request shall be answered. The specific ground for an objection must be set forth clearly in the response.

If an objection is based on a claim of privilege, the particular privilege shall be stated. The law recognizes that certain facts about the pedestrian accident and statements by those involved should be protected from disclosure. For instance, a party to the accident cannot be required to disclose conversations with his Northern / Southern California pedestrian accident attorney. This is called the "attorney-client privilege." While such conversations may be very relevant to the case, the law feels that these conversations must be protected; must not be admissible. The reason for this is to insure complete candor between the Northern / Southern California pedestrian accident attorney and his client.

The answering party signs the responses under penalty of perjury (unless all questions are objected to; then the California accident lawyer signs).

Within 30 days after service of requests for admission the answering party must mail the original of the response to the requesting party (upon motion by either party this time may be extended or shortened). Frequently, the answering party may ask for an extension of time to answer. This courtesy is usually granted by the party sending the requests.