California Civil Jury Instructions (CACI) (2017)

210. Requests for Admissions

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210.Requests for Admissions
Before trial, each party has the right to ask another party to admit in
writing that certain matters are true. If the other party admits those
matters, you must accept them as true. No further evidence is required
to prove them.
[However, these matters must be considered true only as they apply to
the party who admitted they were true.]
New September 2003
Directions for Use
The bracketed phrase should be given if there are multiple parties.
Sources and Authority
• Requests for Admission. Code of Civil Procedure section 2033.010.
• “As Professor Hogan points out, ‘[t]he request for admission differs
fundamentally from the other five discovery tools (depositions, interrogatories,
inspection demands, medical examinations, and expert witness exchanges).
These other devices have as their main thrust the uncovering of factual data that
may be used in proving things at trial. The request for admission looks in the
opposite direction. It is a device that seeks to eliminate the need for proof in
certain areas of the case.’ ” (Brigante v. Huang (1993) 20 Cal.App.4th 1569,
1577 [25 Cal.Rptr.2d 354] (quoting 1 Hogan, Modern California Discovery (4th
ed. 1988) § 9.1, p. 533).)
• All parties to the action may rely on admissions. (See Swedberg v. Christiana
Community Builders (1985) 175 Cal.App.3d 138, 143 [220 Cal.Rptr. 544].)
Secondary Sources
2 Witkin, California Evidence (4th ed. 2000) Discovery, §§ 157–167, 177
1A California Trial Guide, Unit 20, Procedural Rules for Presentation of Evidence,
§ 20.51 (Matthew Bender)
16 California Forms of Pleading and Practice, Ch. 196, Discovery: Requests for
Admissions, § 196.19 (Matthew Bender)
Matthew Bender Practice Guide: California Civil Discovery, Ch. 12, Requests for
Admissions
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