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Flashcards in Week 5 Lecture Deck (26)
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1
Q

A request for admissions is a request filed by one (1) in a lawsuit on another (2) asking for an (3) to the truthfulness of (4) or (5).

A
  1. party 2. party 3. admission 4. fact 5. opinion
2
Q

The main goal of RFAs is not (1), and NOT to (2) or (3). They are equivalent to a (4) in style. The primary goal is to (5) by reducing the points in controversy; the secondary goal is to (6).

A
  1. discovery 2. admit 3. deny 4. cross-exam 5. simply the lawsuit 6. obtain information
3
Q

3 uses of RFAs

A
  1. authenticate genuineness of documents (need not determine the document is genuine) 2. authenticate truthfulness of certain facts or opinions (admit you ran a red light, admit my client did great work) 3. authenticate application of law to facts (admit you acted negligently)
4
Q

3 advantages to RFAs

A
  1. cannot be ignored/overlooked (deemed admitted true if ot answered) 2. no limitation (in Federal Court–25 limit in Arizona) 3. eliminates unnecessary issues and arguments (efficiency)
5
Q

As with all discovery, there must first be an attempt to (1) if the RFA is not received within (2). After this, the person not in reception can file a (3). In attempting to resolve disputes in (4) so they can be used as (5) later. The opposite of a motion to compel is a (6)–to keep the court from making you produce documents.

A
  1. resolve the dispute 2. 40 days 3. motion to compel 4. writing 5. exhibits 6. protective order
6
Q

There can be a strategy in RFAs to (1) questions.

A
  1. withold
7
Q

As with INTs, RFAs require (1) answers. Every RFA should include an (2) which is your strategy for (3) for a false denial. It asks, “(4)” and is the (5) element of the RFA. It (6) count against your INT limitation.

A
  1. engrossed (repeat question, then answer) 2. Non-uniform INT 3. holding a defendant responsible 4. “Show me the support/proof” 5. discovery 6. does
8
Q

4 basic parts of the NUI to be included at the end of the RFA

A
  1. factual basis for denial “If you denied any of the above, state reason…” 2. ID of all witnesses who can testify to those facts 3. ID of all docs supporting or evidencing denial 4. investigation undertaken to ascertain factual basis for the denial
9
Q

Four choices a DEF can make in an RFA

A
  1. admit (if true) 2. deny (if reasonable doubt exists) 3. refuse to admit or deny 4. Objcet (can also object and answer)
10
Q

An admitted fact in an RFA becomes a (1), meaning it is admissible in court. If a fact is denied but proven to be true by the PLT, the moving party may be (2), may move for a (3), or may move for (4). In refusing to admit or deny, Federa Court and Arizona COurt require (5) into the subject first.

A
  1. judicial admission 2. awarded costs to prove it 3. sanction 4. summary judgment 5. reasonable inquiry
11
Q

4 basic objections to RFAs

A
  1. relevance 2. overbroad (not narrowly defined) 3. compound requests 4. privileges
12
Q

In negligence cases, duty and breach make up the (1) portion while causation and damages make up the (2) portion.

A
  1. liability/fault 2. damages
13
Q

4 big places IMEs are used

A
  1. tort 2. criminal (able to stand trial?) 3. probate (guardianship) 4. Workman’s Comp
14
Q

IMEs are requests for (1) that (2) must undergo concerning a (3) or (4) condition that is in a (5). For non-parties, this information is found out through (6).

A
  1. examination 2. a party (ONLY parties) 3. physical 4. mental 5. pending legal action 6. cross-exam
15
Q

3 things that can happen in a quest for IME

A
  1. ask (atty almost always agrees–notice of date required) 2. agree to exam but not doctor –goes to Rule 35 3. does not agree (rare) – goes to Rule 35
16
Q

Rule 35 to handle refusal of IMEs is the only (1) that (2), and it is because it is a (3)

A
  1. discovery 2. filed with court 3. disagreement
17
Q

3 reasons IMEs are allowed

A
  1. establish truth about PLT’s allegation of physical/mental injuries 2. deters exaggerated/fraudulent suits 3. uncovers inconsistencies between a PLT’s subjective complaints and the objective nature of the injury
18
Q

In compulsory examination, a (1) must be filed that includes the (2), (3) (4), (5), (6) and (7).

A
  1. formal motion 2. time 3. place 4. manner 5. condition to be examined 6. scope of exam 7. examiner
19
Q

3 ways good cause must be shown for a compulsory IME

A
  1. defined strictly 2. information sought must not be able to be obtained any other way 3. state why exam is necessary
20
Q

Personal injury suits always have a cause for IMEs because of (1).

A
  1. c ondition in controversy
21
Q

Of SOAP, the (1) is the part attacked in the IME

A
  1. subjective
22
Q

3 things the PL may do in preparing for the IME

A
  1. contact opposing counsel 2. contact the phys. To schedule 3. contact the physicial for a report
23
Q

5 ways the PL can prepare the client for the iME

A
  1. explain purpoe and procedure (atty CAN be present) 2. review types of info that will be asked 3. caution client about ACP 4. furnish client with medical summary sheet 5. explain the sanction process should client refuse (monetary, dismissal, etc.)
24
Q

3 rights of examined in IME

A
  1. right to have a representative present (unless adversely affects outcome) 2. right to audio record (unless “”) 3. right to video record if good cause is shown (copy of video or audio provided on request to either party)
25
Q

The report of the examiner must be produced within (1) IF (2). Good practice is to (3). The report must include (4), (5), and (6)

A
  1. 20 days 2. requested 3. send the letter out the same day 4. findings/results of tests 5. reports of all earlier exams of the same condition 6. copies of all written/recorded notes created by examiner
26
Q

Rule 35’s alternate procedure, regarding (1), requires the party seeking the IME to serve notice (2) in advance of the exam. The opposing party must make a (3) opposing the person, and it must be (4)–the court will then issue an (5).

A
  1. agreement to IME but not to doctor 2. 30 days 3. motion 4. good cause 5. order (so schedule the exam far enough in advance to give the court time)