Paralegal Certification PrepLitigationEasy
A paralegal is assisting an attorney with a civil lawsuit where the plaintiff is seeking damages for a breach of contract. During the discovery phase, the attorney instructs the paralegal to prepare a formal written request to the opposing party, asking them to admit or deny certain factual statements relevant to the case. What type of discovery tool is the paralegal preparing?
- ASubpoena Duces Tecum
- BRequests for Admission
- CInterrogatories
- DDeposition Notice
Show answer & explanationAnswer & explanation
Correct answer: B. Requests for Admission
Requests for Admission are written statements of fact that one party asks another party to admit or deny, helping to narrow down issues for trial and avoid unnecessary proof.
Why the other options are wrong
- A. A Subpoena Duces Tecum compels the production of documents or other tangible items, not the admission of facts.
- C. Interrogatories are written questions, not factual statements to be admitted or denied.
- D. A Deposition Notice schedules a deposition, which is oral testimony under oath.
Requests for Admission
A written discovery device that asks the opposing party to admit or deny the truth of certain factual statements or the authenticity of documents.
- Helps to narrow down facts and issues in dispute.
- Responses are binding on the party for the current litigation.
- Failure to respond can result in the statements being deemed admitted.
Memory trick: Discovering truth, one question or fact at a time.