Question

What preliminary steps should be taken before drafting a request for admission?

a) Serve the request on the opposing party
b) Conduct a deposition
c) Review the case law
d) File a motion to dismiss

Answer 1

The preliminary steps that should be taken before drafting a request for admission include reviewing the case law, conducting a deposition, and filing a motion to dismiss if necessary.

Step-by-step explanation:

Before drafting a request for admission, there are several preliminary steps that should be taken. The preliminary steps that should be taken before drafting a request for admission include reviewing the case law, conducting a deposition, and filing a motion to dismiss if necessary.

One important step is to review the case law to understand the relevant legal principles and precedents. This will help ensure that the request is properly framed and supported by legal authority.

Another step is to conduct a deposition to gather evidence and testimonies that can be used in the request. Finally, it may be necessary to file a motion to dismiss if there are grounds for dismissing the case before proceeding with the request for admission.

Answer 2

Before drafting a request for admission, it is essential to review the case law. This preliminary step ensures that your legal arguments and requests are grounded in existing legal principles, helping to build a strong foundation for the admission requests by aligning them with established legal precedents and principles.

The correct answer is option: c) Review the case law.

Step-by-step explanation:

Before drafting a request for admission, it's crucial to review the relevant case law to ensure that your legal arguments and requests are grounded in existing legal principles. Understanding precedent can help you frame your requests effectively and increase the chances of success.

While options (a) serving the request on the opposing party and (b) conducting a deposition are important steps in the litigation process, they typically come after the drafting of the request for admission. Serving the request on the opposing party is part of the formal process of exchanging discovery, and conducting a deposition involves questioning witnesses under oath, which usually occurs after initial written discovery.

Option (d) filing a motion to dismiss is a separate procedural step that typically occurs earlier in the litigation process, often at the beginning of a case. It is not directly related to drafting a request for admission.

Therefore, the correct answer is option: c) Review the case law.