August 20, 2019 Articles

Requests for Admissions: Resurrect This Discovery Device

RFAs should not be relegated to a second-class discovery tool.

By Michael Schwarz

Requests for admissions (RFAs) are seldom used as a discovery tool these days. In fact, they are the least used. Lawyers rely upon the other discovery tools of interrogatories, requests for production, and depositions. But why do lawyers shy away from requests for admissions? Why do courts apparently frown upon them? After all, Rule 1 of the Federal Rules of Civil Procedure provides that these rules “should be construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding.” Requests for admissions fit that goal by identifying key facts and factual opinions in a highly effective manner. 

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