In California civil litigation, requests for admissions (RFAs) are a powerful discovery tool. They help narrow issues before trial and, if used effectively, can shift the cost burden to the opposing party. In this post, we’ll break down what RFAs are, how they work, and how the “cost of proof” sanction can impact a lawsuit in Los Angeles.
What Are Requests for Admissions?
Definition and Purpose
RFAs are written statements one party sends to another, asking them to admit or deny specific facts or legal claims. The goal is to streamline the issues for trial and eliminate the need to prove uncontested facts.
Strategic Use in Litigation
Attorneys often use RFAs to confirm key facts early, press the other side for clarity, or lay the groundwork for sanctions if a party denies a fact that is later proven.
What Is “Cost of Proof” in California?
Code of Civil Procedure § 2033.420
If a party unreasonably denies a request for admission and the requesting party later proves the fact at trial, the court may order the denying party to pay the reasonable expenses incurred in making that proof—including attorney’s fees and expert witness costs.
Requirements for Recovering Costs
- The denial must be unreasonable.
- The fact must later be proven true at trial.
- The requesting party must make a timely motion.
How This Impacts Los Angeles Litigants
Risk of Denying Obvious Facts
Denying facts you know are likely to be proven can backfire financially. In Los Angeles courts, judges may not hesitate to impose cost-of-proof sanctions when they find a denial was made in bad faith.
Importance of Legal Guidance
RFAs can significantly influence your litigation strategy. Having a skilled attorney ensures that your responses are accurate, protective of your case, and don’t expose you to unnecessary costs.
Requests for admissions and the associated cost of proof can drastically shift the dynamics of a lawsuit. If you’re involved in litigation in Los Angeles, Law Advocate Group, LLP can help. Contact us today for experienced guidance to protect your legal and financial interests.
