Discussion Question 1: Demand for Inspection of Evidence
Often there are documents, emails, videos and other items that the other party has access. You may require the same items for the litigation process.
Demand for Inspection of Evidence is a very powerful court rule that allows a party to collect evidence when the other side is not forthcoming.
Based on your readings and the information given above, respond to the following:
Define what a Demand for Inspection of Evidence is.
When is it appropriate to plead such a demand?
What are the elements involved?
Why is a demand pleading necessary when all parties are entitled to discovery?
Justify your answers with examples and reasoning.
Discussion Question 2: Request for Admissions
This form of discovery has been determined in some jurisdictions to be more than just discovery. The request to admit is a strategy used to eliminate issues in the litigation process.
Having the other side admit to facts and conclusions is a great way to narrow the focus in any litigation and thus reduce uncertainty and cost of litigation.
Based on your readings and the information given above, respond to the following:
Define the term Request for Admissions.
Describe a respondent's duty in a Request for Admissions.
In what situation may a respondent deny a request?
Justify your answers with examples and reasoning.