Florida Probate Trial: What Happens When the Other Side Won’t Answer Discovery? Specifically, What About Requests for Admissions?

In Florida probate litigation the other side may serve what are called requests for admissions. Under the Rules you have to answer these (with the help of a Florida probate lawyer) in a reasonable amount of time. Do you know how long you have? What happens if you fail to answer on time? Check out this recent case to learn more about why not answering on time could be deadly to your estate litigation in Florida.

What is a Request for Admission?

• Florida probate lawsuits can be complicated and it can be hard to get everything you want to prove in trial.
• Requests for Admissions are a tool used by estate attorneys Florida to streamline that process.
• These documents essentially ask the other side to admit or deny a fact so that you can decide whether or not you will need to spend energy on it at your probate trial Florida.
• Usually under Florida law you get 30 days to answer these.
• Florida will contest lawyers know that under certain circumstances you can ask for an extension as well.
• It is important to answer these though in a timely manner, do you know why?
• What happens if you fail to answer a request for admission?
• Florida probate lawyers know this could be fatal to your case.
• Is there anything that you can do to fix a failure to respond to discovery?
• Check out this recent Florida appeal to understand more.

Chelminsky v. Branch Banking

• This was a mortgage foreclosure trial so what does it have to do with your estate litigation in Florida?
• This case’s appeal centered around discovery issues, something that occurs in any civil lawsuit, including a Florida probate trial.
• The defendant had asked the bank to admit or deny certain allegations but the bank just never answered them.
• So what happens?
• Under Florida law, the Court can instruct that admissions are “deemed admitted” if the other side fails to answer completely or truthfully.
• That is why you make sure to answer these kind of things in a timely manner.
• What else can happen when your Florida estate lawyers fail to answer discovery in a timely manner?

Want to learn more?

Check out the entire case by clicking here.

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