Does a Defendant Have to Respond to Requests for Admissions Sent by a Pro Se Plaintiff with Less Than Thirty Days Left in Fact Discovery?

Question from Penny, Does a Defendant Have to Respond to Requests for Admissions Sent by a Pro Se Plaintiff with Less Than Thirty Days Left in Fact Discovery?

Answer from AI:

In general, under the Federal Rules of Civil Procedure (FRCP), specifically Rule 36, a party must respond to a request for admissions within 30 days after being served. However, if you, as a pro se plaintiff (representing yourself without an attorney), send off your requests for admissions with less than thirty days left in the fact discovery period, the situation can become more complex.

Timing of Requests for Admissions

The timing of requests for admissions is crucial. If you send these requests late in the discovery process, the defendant may argue that they do not have enough time to respond. Here are some general guidelines:

• The defendant typically has 30 days to respond to your requests for admissions.
• If there are less than 30 days left in the discovery period when you send your requests, the defendant may still be obligated to respond, but the response might be due after the close of discovery.
• If the defendant does not respond within the time limit, the statements in your requests may be deemed admitted.

Compelling a Response

If the defendant does not respond to your requests for admissions within the required time frame, you may need to ask the court to compel a response. This is typically done by filing a motion to compel. However, the court’s decision will depend on various factors, including the timing of your requests and the reasons for the defendant’s failure to respond.

Consulting with a Legal Professional

While this information provides a general overview, the specific rules and procedures can vary depending on the jurisdiction and the specifics of your case. Therefore, it’s strongly recommended that you consult with a legal professional for personalized advice. Legal aid organizations or law school clinics may be able to provide assistance if you cannot afford an attorney.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a legal professional for advice related to your specific situation.