Divorce litigation can be a challenging, costly, and emotionally taxing process. Streamlining discovery is essential to focus on key issues and reduce unnecessary disputes. One powerful tool in family law cases is the request for admission (RFA). When used strategically, RFAs can simplify litigation and pave the way for a more efficient resolution. Here’s how to maximize their potential.

What Are Requests for Admission?

Requests for admission are a discovery tool under the California Code of Civil Procedure. They allow one party to request the other party to admit or deny specific statements about facts, opinions, or the application of law to facts. RFAs can also confirm the genuineness of documents.

RFAs are particularly useful in divorce cases to:

• Confirm key dates and facts.
• Authenticate financial documents or prenuptial agreements.
• Establish uncontested points early on, avoiding unnecessary courtroom disputes.

While highly effective, RFAs have strategic and numerical limits. For example, unless the requests involve the genuineness of documents, they are generally limited to 35 in most cases (Code Civ. Proc., § 2033.030).

Why Use Requests for Admission in Divorce Cases?

RFAs streamline the litigation process by:

• Narrowing Disputes: They help eliminate issues that are not genuinely contested, allowing parties to focus on the remaining conflicts.
• Reducing Costs: By resolving smaller issues outside of court, RFAs can save time and reduce legal fees.
• Building a Strong Case: Admissions can strengthen your position, whether at trial or during settlement negotiations.

For example, an admission that a prenuptial agreement is genuine can save significant time otherwise spent proving its authenticity.

Practical Examples of RFAs in Divorce

Here are some ways RFAs are commonly used in family law:

• Confirming Dates of Marriage and Separation: Essential for determining property rights and spousal support.
• Authenticating Documents: Such as financial disclosures or prenuptial agreements.
• Establishing Basic Facts: For example, whether a property was acquired during the marriage or through inheritance.

Tips for Drafting Effective RFAs

1. Be Specific: Avoid vague or ambiguous language that could lead to objections or denials.
2. Focus on Key Issues: Target critical facts that will advance your case or narrow disputes.
3. Avoid Overloading: Stick to relevant requests to prevent unnecessary disputes over scope or burden.
4. Pair RFAs with Form Interrogatories: Include Judicial Council Form Interrogatories with your RFAs, specifically Form Interrogatory 17.1. This interrogatory requires the responding party to explain any denial of an RFA, saving you the step of drafting follow-up discovery.

Timing Strategies for Requests for Admission

Timing plays a critical role in the effectiveness of RFAs. Here are key considerations:

When to Send RFAs

• Early in Discovery: Sending RFAs early can quickly establish uncontested facts, such as the authenticity of documents or key dates.
• Later in Discovery: After gathering evidence from other tools like depositions or document requests, targeted RFAs can put the opposing party in a position where denying the request might expose inconsistencies.

Should RFAs Be the First Item in Discovery?

Sending RFAs first can:

• Set the tone for the case and gain early concessions.
• Narrow the scope of other discovery. However, this approach may lack the advantage of insights gained from preliminary discovery.

Should RFAs Be Sent Last?

Ending discovery with RFAs helps clarify and resolve remaining disputes before trial. It also supports pretrial motions, such as motions in limine, or strengthens arguments for summary judgment.

Coordinating with Other Discovery

Using RFAs in combination with Judicial Council Form Interrogatories can maximize efficiency. Including Form Interrogatory 17.1 ensures that any denial of an RFA is automatically accompanied by an explanation, eliminating the need for separate follow-up interrogatories. This approach:

• Saves time by streamlining discovery.
• Avoids duplicative or piecemeal requests.
• Ensures a comprehensive response upfront.

Best Practices

• Use RFAs early for foundational issues (e.g., dates, document authenticity).
• Reserve detailed or contested RFAs for later, when you have more evidence to support your requests.

Leveraging Admissions at Trial

Admissions obtained through RFAs can be pivotal:

• Strengthen Trial Strategy: Use admitted facts to avoid proving points already established.
• Influence Settlement: Admissions highlight strengths and weaknesses, encouraging realistic settlement offers.
• Eliminate Surprises: Lock in opposing party positions, reducing uncertainty.

Conclusion

Requests for admission are a powerful tool to simplify divorce litigation, reduce costs, and streamline the path to resolution. By carefully considering timing, pairing RFAs with form interrogatories, and leveraging admissions at trial, you can strengthen your position and gain an edge in your case. Collaborating with a knowledgeable attorney will help you maximize the impact of this invaluable discovery tool.