by rodschmidt on November 17th, 2007

rodschmidt

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If a party fails to answer a Request for Admissions (i.e. misses a deadline), can that failure be cured by asking the opponent, after the fact, for more time to answer? Can such failure be cured/fixed/repaired/forgiven/waived?

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  • by chicknlil on June 6th, 2008

    chicknlil

    It depends on the state. In Indiana, the written discovery process is pretty laxed, so a simple "I'm sorry I missed this deadline" letter is usually good enough. Bear in mind that most judges (in most states) would rather stay out of the discovery process. Thus, if either side makes a big deal about a missed deadline without making an attempt to resolve the issue themselves, the judge is likely to get very annoyed. It's usually best to solve these discovery disputes informally.

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