California Pedestrian Accident Attorney - Discovery; Request For Admissions

WHAT HAPPENS IF THE RESPONSES ARE LATE OR UNSATISFACTORY?
If the responding party fails to mail his answers within the time required (an no extensions have been granted by the other party or the court) the answering party waives any objection to the requests, including those based on privilege or on the protection of California pedestrian accident attorney work product.

However, the court, may relieve that party from this waiver on its determination that:
1. The party has subsequently served a response that is in substantial compliance with the rules regarding how such questions are answered.

2. Or, the party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

The requesting party may move for an order of the court that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. The court must make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with the rules.

If the party requesting admissions believes an answer to a request is evasive or incomplete, or an objection to a particular request is without merit or too general, that party may move for an order compelling a further response. The motion must be accompanied by a declaration stating facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. This motion must be made within forty-five days of service of the response.

If a party then fails to obey an order compelling further responses the court may order that the matters be deemed admitted, or it may order monetary sanctions against the offending party or his California / Sacramento pedestrian accident lawyer.

If a party fails to admit the genuineness of any document or the truth of any matter pertaining to the pedestrian accident, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the answering party may be required to pay the asking party reasonable expenses incurred in making that proof, including reasonable California / Sacramento pedestrian accident lawyer's fees.

MAY THE ANSWERING PARTY WITHDRAW OR AMEND AN ANSWER?
A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. For such a withdrawal or amendment, the court must determine that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense.

The court may order that the party who obtained the admission be permitted to pursue additional discovery and the costs of any additional discovery be borne by the party withdrawing or amending the admission.

WHAT IS THE EFFECT OF AN ANSWER?
Any matter admitted by a party to the accident is conclusively established against the party making the admission.