Paralegal Certification PrepLitigationEasy
A paralegal is assisting an attorney with a civil lawsuit where the plaintiff alleges that the defendant failed to honor a contractual agreement. During the discovery phase, the attorney instructs the paralegal to draft documents requesting that the defendant admit or deny specific facts and the authenticity of certain documents related to the contract. Which discovery tool is the paralegal being asked to prepare?
- ADepositions
- BInterrogatories
- CRequests for Admission
- DRequests for Production of Documents
Show answer & explanationAnswer & explanation
Correct answer: C. Requests for Admission
Requests for Admission are a discovery tool used to obtain admissions from the opposing party regarding the truth of certain facts or the authenticity of documents, thereby narrowing the issues for trial. This directly matches the attorney's instructions.
Why the other options are wrong
- A. Depositions involve oral testimony taken under oath before trial, typically in person, and are not primarily for admitting facts or document authenticity.
- B. Interrogatories are written questions posed to a party, requiring written answers under oath, not specifically for admitting facts or document authenticity.
- D. Requests for Production of Documents compel the opposing party to provide access to documents or tangible items, not to admit facts or authenticity.
Requests for Admission
A discovery device used during litigation to ask the opposing party to admit or deny specific facts or the authenticity of documents.
- Helps narrow down issues for trial.
- Responses are legally binding.
- Failure to respond within a specified time can result in deemed admission.
Memory trick: Discovering facts, documents, and truths to prepare for trial.