Week 5 Lecture

Question 1

A request for admissions is a request filed by one (1) in a lawsuit on another (2) asking for an (3) to the truthfulness of (4) or (5).

Answer 1

1. party 2. party 3. admission 4. fact 5. opinion

Question 2

The main goal of RFAs is not (1), and NOT to (2) or (3). They are equivalent to a (4) in style. The primary goal is to (5) by reducing the points in controversy; the secondary goal is to (6).

Answer 2

1. discovery 2. admit 3. deny 4. cross-exam 5. simply the lawsuit 6. obtain information

Question 3

3 uses of RFAs

Answer 3

1. authenticate genuineness of documents (need not determine the document is genuine) 2. authenticate truthfulness of certain facts or opinions (admit you ran a red light, admit my client did great work) 3. authenticate application of law to facts (admit you acted negligently)

Question 4

3 advantages to RFAs

Answer 4

1. cannot be ignored/overlooked (deemed admitted true if ot answered) 2. no limitation (in Federal Court–25 limit in Arizona) 3. eliminates unnecessary issues and arguments (efficiency)

Question 5

As with all discovery, there must first be an attempt to (1) if the RFA is not received within (2). After this, the person not in reception can file a (3). In attempting to resolve disputes in (4) so they can be used as (5) later. The opposite of a motion to compel is a (6)–to keep the court from making you produce documents.

Answer 5

1. resolve the dispute 2. 40 days 3. motion to compel 4. writing 5. exhibits 6. protective order

Question 6

There can be a strategy in RFAs to (1) questions.

Answer 6

1. withold

Question 7

As with INTs, RFAs require (1) answers. Every RFA should include an (2) which is your strategy for (3) for a false denial. It asks, “(4)” and is the (5) element of the RFA. It (6) count against your INT limitation.

Answer 7

1. engrossed (repeat question, then answer) 2. Non-uniform INT 3. holding a defendant responsible 4. “Show me the support/proof” 5. discovery 6. does

Question 8

4 basic parts of the NUI to be included at the end of the RFA

Answer 8

1. factual basis for denial “If you denied any of the above, state reason…” 2. ID of all witnesses who can testify to those facts 3. ID of all docs supporting or evidencing denial 4. investigation undertaken to ascertain factual basis for the denial

Question 9

Four choices a DEF can make in an RFA

Answer 9

1. admit (if true) 2. deny (if reasonable doubt exists) 3. refuse to admit or deny 4. Objcet (can also object and answer)

Question 10

An admitted fact in an RFA becomes a (1), meaning it is admissible in court. If a fact is denied but proven to be true by the PLT, the moving party may be (2), may move for a (3), or may move for (4). In refusing to admit or deny, Federa Court and Arizona COurt require (5) into the subject first.

Answer 10

1. judicial admission 2. awarded costs to prove it 3. sanction 4. summary judgment 5. reasonable inquiry

Question 11

4 basic objections to RFAs

Answer 11

1. relevance 2. overbroad (not narrowly defined) 3. compound requests 4. privileges

Question 12

In negligence cases, duty and breach make up the (1) portion while causation and damages make up the (2) portion.

Answer 12

1. liability/fault 2. damages

Question 13

4 big places IMEs are used

Answer 13

1. tort 2. criminal (able to stand trial?) 3. probate (guardianship) 4. Workman’s Comp

Question 14

IMEs are requests for (1) that (2) must undergo concerning a (3) or (4) condition that is in a (5). For non-parties, this information is found out through (6).

Answer 14

1. examination 2. a party (ONLY parties) 3. physical 4. mental 5. pending legal action 6. cross-exam

Question 15

3 things that can happen in a quest for IME

Answer 15

1. ask (atty almost always agrees–notice of date required) 2. agree to exam but not doctor –goes to Rule 35 3. does not agree (rare) – goes to Rule 35

Question 16

Rule 35 to handle refusal of IMEs is the only (1) that (2), and it is because it is a (3)

Answer 16

1. discovery 2. filed with court 3. disagreement

Question 17

3 reasons IMEs are allowed

Answer 17

1. establish truth about PLT’s allegation of physical/mental injuries 2. deters exaggerated/fraudulent suits 3. uncovers inconsistencies between a PLT’s subjective complaints and the objective nature of the injury

Question 18

In compulsory examination, a (1) must be filed that includes the (2), (3) (4), (5), (6) and (7).

Answer 18

1. formal motion 2. time 3. place 4. manner 5. condition to be examined 6. scope of exam 7. examiner

Question 19

3 ways good cause must be shown for a compulsory IME

Answer 19

1. defined strictly 2. information sought must not be able to be obtained any other way 3. state why exam is necessary

Question 20

Personal injury suits always have a cause for IMEs because of (1).

Answer 20

1. c ondition in controversy

Question 21

Of SOAP, the (1) is the part attacked in the IME

Answer 21

1. subjective

Question 22

3 things the PL may do in preparing for the IME

Answer 22

1. contact opposing counsel 2. contact the phys. To schedule 3. contact the physicial for a report

Question 23

5 ways the PL can prepare the client for the iME

Answer 23

1. explain purpoe and procedure (atty CAN be present) 2. review types of info that will be asked 3. caution client about ACP 4. furnish client with medical summary sheet 5. explain the sanction process should client refuse (monetary, dismissal, etc.)

Question 24

3 rights of examined in IME

Answer 24

1. right to have a representative present (unless adversely affects outcome) 2. right to audio record (unless “”) 3. right to video record if good cause is shown (copy of video or audio provided on request to either party)

Question 25

The report of the examiner must be produced within (1) IF (2). Good practice is to (3). The report must include (4), (5), and (6)

Answer 25

1. 20 days 2. requested 3. send the letter out the same day 4. findings/results of tests 5. reports of all earlier exams of the same condition 6. copies of all written/recorded notes created by examiner

Question 26

Rule 35’s alternate procedure, regarding (1), requires the party seeking the IME to serve notice (2) in advance of the exam. The opposing party must make a (3) opposing the person, and it must be (4)–the court will then issue an (5).

Answer 26

1. agreement to IME but not to doctor 2. 30 days 3. motion 4. good cause 5. order (so schedule the exam far enough in advance to give the court time)