Civil Litigation

• Form 1:
• Written requestion to admit or deny statements
• *Opintions of Facts, or the applicaiton of Law to Fact
• Form 2:
• Written request to admit or to deny genuineness of documents
• *serve documents with request unless they have otherwise been made available for inspection and copying

• Parties only
• may not be used prior to commencement of the litigation

Means facts do not need to be proven or authenticated at trial

Admit

and Admit into record are different

• Admit
• Deny
• Admit in part/deny in part
• Objection: must specify grounds
• Neither admit or deny:  After a reasonable inquiry argue that you have insufficient information or knowledge to form a belief.

Lay a Foundation

• Experience
• Training
• Education

Once you have proven the above:

Opinion Testimony:  Doctor to a reasonable degree of medical certainty do you have an opinion as to the permanent nature of the plaintiffs disability.

• Lay a foundation
• * ask the witness where they were on the day and time of the accident
• * what if anything did you observe at that time

• Personal k nowledge regarding the facts you are being asked to testify about
• * I saw
• * I heard
• * I smelled