Admission requests in Bankruptcy Court are the topic of this blog post.
Admission requests in United States Bankruptcy Court are used in adversary proceedings.
Discovery is permitted in adversary proceedings in Bankruptcy Courts pursuant to the Federal Rules of Civil Procedure (FRCP) and the Federal Rules of Bankruptcy Procedure (FRBP).
Federal Rule of Bankruptcy Procedure 7036 states that Rule 36 of the Federal Rules of Civil Procedure is applicable in adversary proceedings.
Types of admission requests in Bankruptcy Court.
Admission requests in United States Bankruptcy Court consist of two types.
The first is requests for what is known as truth of facts which are requests that the opposing party admit or deny the truth of certain material facts.
The second is requests for what is known as genuineness of documents which are requests that the opposing party admit that the original of a document for which a copy is attached is genuine.
The scope of discovery under FRCP Rule 26(b) is very broad. "Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense - including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence."
The responding party must serve its answers and any objections within 30 days after being served with the requests for admission. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest.
The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.
The grounds for objecting to a request for admission must be stated. A party must not object solely on the ground that the request presents a genuine issue for trial.
The person who makes the answers must sign them, and the attorney who objects must sign any objections.
Sample admission requests in United States Bankruptcy Court for sale.
Attorneys or parties who would like to view a portion of sample requests for admission in United States Bankruptcy Court that are sold by the author can use the link shown below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.