How do you admit or deny Hearsay evidence in a Request for Admissions?

Question

I was served with a Request for Admissions, pro se, that asks me to admit or deny hearsay. This is a ridiculous document in the first place, but I have to plead back whether or not I admit or deny hearsay evidence. Would anybody care to send the objection and language you pop into the request for admissions when you object to the request because it's hearsay. thanks

I couldn't talk about the case, but what the heck. This is an administrative hearing at the Depart. of Defense for a security clearance. The DOD has been pulling credit reports and going to personnel and alleging if they have bad credit entries, they are a risk to national security and might commit a crime to pay their bills. They pulled up my credit report, then the DOD sent me a request for admissions to admit or deny entries on a credit report. A credit report is a "compiled report" and falls under the Hearsay Rule. Such "compiled reports" are "unreliable hearsay". They are really being jerks about this, and unless I admit or deny, they are claiming I refuse to cooperate. So how should I answer these? Credit reports fall under the Fair Debt Collection Act, not the DOD. The DOD is acting like a 3rd party collection agent for private business. And the whole thing is hearsay. I'm not that worried because I'm quitting anyway. I'm not hiring an attorney for this.

Answer 1

Requests for admisstion call for the person served to admit or deny the truth of the statement. The fact that the request is based on hearsay is not normally a ground for objection. Generally, the scope of discovery (including requests for admission) is much broader than the rules governing the admissibility of evidence at trial. In most states, the scope of discovery includes not only directly relevant evidence but also anything that is reasonably calculated to lead to the discovery of admissible evidence. That standard covers a lot of ground! The best way to analyze requests for admission is first to determine whether the statement is true or false or whether you can't tell if it is true or false. If you're sure that a statement is true, or that the admission doesn't make any real difference to your case, you should think about admitting it regardless of the source. False statements should be denied regardless of the source. If an admission is damaging to your case, you may want to consider denying it even if the statement is true BUT DO NOT DO THAT if you are required to submit SWORN admissions or denials. In my state, sworn responses are not required and the only downside of denying something that's true is that you may wind up paying your opponent's costs of proving up the fact if you don't admit it. Requests for admission can be very tricky and a trap for the unwary, so the best thing for you to do is run all this by a good lawyer. Hope this helps you and good luck.

Answer 2

I had to read your question a thousand times before I understood it. I'm assuming your in some kind of a court hearing or something. But depending on your situation, could the alleged hear say be of some benefit to you and your case? And that's where it would be nice to know what the hear say was first, before you make your final decision. And who the alleged hear say is from? I mean, all this has to be taken into consideration before just nixing it. But if your just totally not interested in exploring this further, then you answered your own question. "I object to the request because it's hearsay." Nothing fancy, just the facts.

Answer 3

There are many ways to hurt your case answering Requests for Admissions. Depending on your state's procedural rules, you may be able to object and answer the request subject to that objection or you may be able to deny the request as worded. It is a complicated matter which should really receive a lawyer's attention.

Answer 4

As RLP says, you are asked to admit facts. The source of the facts, hearsay or otherwise, is irrelevant.

Answer 5

Just to throw something out there...

The information which you have received is completely false. I deny this hearsay "evidence".

Or..."The information which you have received has been greatly misconstrued. The actual [information / situation / course of events / etc.] is as follows..."

Best to keep it as simple as possible, though, and let them ask you for more info.

Answer 6

no comment