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RTA ignored by Opposing Counsel. WTF??

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  • RTA ignored by Opposing Counsel. WTF??

    Hi all,

    as many of you know, I am headed to trial (with full representation at this point). We served a Request to Admit containing over 270 facts and 50 documents. Opposing counsel did not rebutting response.

    I would think that this was a big win as no response is an admission to the facts. My lawyer on the other hand, is not so sure as she thinks opposing counsel can wiggle out of the RTA.

    Anyone have any experience with this ?

  • #2
    Anyone have any experience with this ?
    It is very unusual in family court to have requests to admit with 50 documents.

    The opposing lawyer should have responded, even if only to give you a blanket "no" in reply.

    You won't win custody off of a request to admit that didn't get a response. The other side may have to pay some costs to rescind their admissions, but a judge isn't going to decide a child's life because the lawyer screwed up.

    If it is only financial issues then that is better news for you.

    Comment


    • #3
      Originally posted by OrleansLawyer View Post
      It is very unusual in family court to have requests to admit with 50 documents.

      The opposing lawyer should have responded, even if only to give you a blanket "no" in reply.

      You won't win custody off of a request to admit that didn't get a response. The other side may have to pay some costs to rescind their admissions, but a judge isn't going to decide a child's life because the lawyer screwed up.

      If it is only financial issues then that is better news for you.

      OL, thank you so much for your valuable response.

      None of the facts pertain to the children. They all live with me. They are financial and pertain to STBX's ability to work.

      Comment


      • #4
        You can still include them in your document brief and bring them up at trial.

        I don't know your situation, but I'm assuming you're looking to impute income on your ex. If your ex has a specific education or work experience, and your documents are being used to prove what an income should be, it may not be enough. In my case, without an expert witness the judge had to stay with imputting minimum wage.

        Comment

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