My recent article “Identifying Improper Requests for Admission” can be found in the Spring 2017 edition of the Alabama Defense Lawyers Association Journal. [I’ll post a link once it’s available]. This article is a touched up and tamped down version of a post that first appeared on the blog here: Beware Bogus Requests for Admission.
Under Rule 36 of both the Federal Rules of Civil Procedure and the Alabama Rules of Civil Procedure, a party to a lawsuit is entitled to make Requests for Admission to the opposing party. Recently, I have seen a growing trend in personal injury cases in which plaintiffs are making Requests for Admission beyond the scope of Rule 36 in an effort to prove liability, medical causation, reasonableness and necessity of medical treatment, and damages through these requests. Not only is this an abuse of Rule 36, but it can be a problem for defense lawyers who aren’t on top...
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