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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-20-2011, 04:08 PM
WorkingDAD WorkingDAD is offline
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Default F22 Request to Admit: how to?

Hello everybody.

I am sitting for two hours infront of my open blank form 22 (Request to Admit) and do not even know where to start...

1.
First I was thinking to go through other party application and ask to admit fact what contradict their affidavit and what I can prove.

Than after I read it I began to think that it so much crap that do I really need to dig into it? I meant 80% of her affidavit about how bad I was with her - nothing to do with kid or etc.

How to choose what to address and what to ignore?

2.
I have bunch of emails, skype, icq, gtalk messages as supporting documentations. Most of it in non English language. Can I include it as is? Other party wrote them so she can read it. Or all have to be translated before? It tones of $$$. Any idea how to come out from it with minimal $ cost? Can I translate it buy myself and if they do not agree challenge them to translate it ?

3. Can some one show example of well done Request to Admit ?

Thank you
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Old 05-20-2011, 06:09 PM
standing on the sidelines standing on the sidelines is offline
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i am thinking that you will have to have it translated. You have to remember that the official languages in Canada are English and French so most likely whoever looks at it in court or whatever will be versed in one or both of those languages, not your mother tongue.
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Old 05-20-2011, 06:18 PM
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wretchedotis wretchedotis is offline
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I'm not sure your necessarily need to use that form.
You could swear an affadavit explaining your position and using those emals as evidence to support your position.
That way wouldn't you skip the other parties "consent" to admitting the emails?
Of course, maybe ask duty counsel first.
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Old 05-20-2011, 06:31 PM
fieldgrey fieldgrey is offline
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I'd like to share with you advice about the request to Admit that I wish I had known. The function of the Admit is to clear up mutually agreed facts and evidence for trial - so the justice knows what is not an issue for trial. This document and the response ultimately go into the trial book so the justice can see what s/he does not have to deal with.

So, a well formed Admit makes precise statements of facts that can either be accepted or disputed. The same with any documents you wanted admitted as evidence: do the parties agree the document x is authentic? Admit is not the place for opinions.

I would steer away from using an admit as a rebuttal document for arguments. State the facts you want admitted, and then the responder will agree, or give reason to dispute a fact. From there, a trial judge will know what issues to dive into at trial if they are material.

As for the non-English documents, the admit is simply to get the other party to admit to authentic, indisputable documents. You are not arguing about contents of a document. I would suggest then that the translations are unnecessary for an admit. If you really want these documents for trial, you could translate them yourself, submit the original and translation with admit and ask if the other party admits that the document is a) authentic and b) if they agree with the translation. You'll score points with the justice for being organized.

FG

Last edited by Mess; 12-20-2013 at 02:03 AM. Reason: To fix italic code
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Old 05-23-2011, 08:33 AM
SillyMe SillyMe is offline
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If your litigation is heading into trial, this is a very important pre-trial document. I can't stress this enough. It was stressed to me in the same fashion by my mentor. The way I formulated it was, to draw a map with the main categories/issues i.e. custody, allegations, equalization, CAS involvement, etc. I then attached my admit statements to those categories. To those admit statements, I attached my evidence (if there was any, to prove my point). Sometimes I repeated the same statement (and this is where having a good grasp of the english language helps) in a different way. I had a schitload of statements, something like 200 or more, I don't recall...allot of the statements are simple things so its easy to have lots.

I then mixed up all the statements...I don't know why, it was funny, it still makes me laugh and, served. Upon their response, I attached their statements to my organized map. Allot of the statements they bulk into two word denials; this is ok, because they are now open to dispute and, if you have some evidence attached to your map as described above...your already ready. Sometimes they disputed a statement vigorously; this will foreshadow something they don't want...take note. Sometimes they admitted something they also denied...heh, heh. To me, it was not just to clarify the issue's but also, a great fishing trip

Now if I had a bigger legal team then me, I am sure I could have made better use but like was said, this can become an all encompassing part of your life and, every little bit helps.

As for the language barrier; who knows how this stuff plays out. If you get this in soon enough you can always ask a judge to decide if something needs to be translated. The point of this document is; to speed up trial so, if a judge doesn't think a statement plays into an issue; you won't need the evidence.
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Old 05-25-2011, 10:16 AM
WorkingDAD WorkingDAD is offline
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Thank you everybody for their input...

Here one may be stupid question. Do I have to provide all support documents for my requested facts to admit or it better to start without and if ex did not admit sent it with support evidence?

Is anyone can share some real document? I am kind of lost with how to refer to support documents. There is two sections on that form facts and documents.

thank you
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Old 05-25-2011, 07:15 PM
fieldgrey fieldgrey is offline
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Quote:
Originally Posted by WorkingDAD View Post
Thank you everybody for their input...

Here one may be stupid question. Do I have to provide all support documents for my requested facts to admit or it better to start without and if ex did not admit sent it with support evidence?

Is anyone can share some real document? I am kind of lost with how to refer to support documents. There is two sections on that form facts and documents.

thank you
WD: you shouldn't confuse two aspects of an admit: statements and documents.

Statements: these should be factual statements like:

'The Applicant and the Respondent cohabitated for 6 years before marriage, from March 2, 1986 to May 13, 1992'.

'The Respondent paid child support of 364.00 per month on time for 2 years between...'



Each question should be numbered, and then the other party's Response to Admit will refer to each question by number either as 'true' or if they disagree, they must state why.

Documents: you simply list the documents you want admitted as to their authenticity only. You do not make comments about the documents. Here is how:
1. You can refer to documents already served and in the continuing record (affidavit exhibits, briefs, or other documents). Refer to these by document name, author, volume/tab/page number. Do not refer to a document not in the continuing record or the other party can challenge that they do not know of such a document.
2.Alternately you can attach the documents to the Admit and refer to their page number in the admit.

The Response to Admit will then be the other party's view as to whether they are authentic or not.

The Admits have a strict, formal function: clearing out issues agreed upon and evidence agreed upon for trial. This way the justice knows the actual disputed issues and evidence for trial. It's about expediting trial.

If the other party does not answer, the facts and documents are assumed by the court to be true.

In some ways, an admit can be a series leading questions to the other party without cross exam.That's where the power of an admit can be used, if done well.

FG
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Old 05-28-2011, 02:09 AM
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wretchedotis wretchedotis is offline
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So one thing I missed my first time around was an "agreed statement of facts".

What exactly are the differences in this and a request to admit? Anyone have an idea?
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Old 05-28-2011, 02:18 AM
fieldgrey fieldgrey is offline
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Quote:
Originally Posted by wretchedotis View Post
So one thing I missed my first time around was an "agreed statement of facts".

What exactly are the differences in this and a request to admit? Anyone have an idea?
An agreed statement of facts is a requirement in the trial record, and it assists the judge in understanding what facts and evidence is not being contested at trial...so that the trial can focus on the real issues. If nothing is submitted then the justice acts as though nothing is agreed on - which will piss off the justice.

So, the two parties can compose a mutual agreement on facts and sign it and address it this way. Generally this requires a consensus that adversarial system does not encourage. As such, one party can force another to admit/ refute facts and document evidence via the Admit and Response to Admit. Either way, these go into the Trial Record following Family Law Rules. If the other party does not file a Response all facts and documents submitted with an Admit are assumed to be true. All Admits and Response to Admits must be in the Trial Record. They will be used at trial for examination.

FG
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Old 05-30-2011, 07:53 AM
staysingle staysingle is offline
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Workingdad,
Do you still a copy of a professionally prepared request to admit form?
My lawyer prepared mine last week. Let me know and I will send it over.
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