You may have heard of “Requests for Admission” and wondered about them in the divorce context. Requests for Admission are written discovery tool sometimes used in divorce litigation.
Read on to learn more about how Requests for Admission work — and when they can be useful — in Connecticut divorces.
Requests for Admission Definition
Requests for Admission are a discovery tool that is fairly uncommon in divorce litigation, but which can be useful in a few contexts. For example, divorce attorneys may use them in cases where the opposing party will not admit that which she/he/they should admit. In a Request for Admission, lawyers can request that the opposing party (1) admit or deny certain facts or (2) authenticate documents.
Per Connecticut Practice Book section 13-22, Requests for Admission require a party to admit or deny an allegation, and failure to answer the request is deemed an admission. There are some teeth too — if a party denies a request without basis, the requesting party “may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees.” (Practice Book Sec. 13-25)
Hearsay and Requests for Admission
Importantly, an admission by a party opponent is not considered hearsay. Hearsay is information presented by a witness in court about a statement that was made outside of court by a person other than the witness. Lawyers may use relevant admissions substantively, to prove the truth of the matter asserted. In other words, an admission by the other party is independently admissible at trial.
Benefits of Requests for Admission
In addition, Requests for Admission can help with:
- Discovery and trial planning and streamlining
- Reducing discovery and trial cost
- Laying the foundations for exhibits
- Authenticating documents
- Shortening depositions, hearings, and trials
Next Steps
For more information about Connecticut divorce and family law, check out our Divorce Information and Facts.
