Florida  |  Constitutional Law

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7/19/05, 2:45 pm

Legal Question


Requests for admission

The Florida legislature revise the statute pertaining to Requests for Admission. Specifically, they placed a limit of 30 RFA's. Previously, there had been no limit. As far as I know, the Federal Rules do not have a limit.

Can it be argued that the Federal rules supercede the State rule? The intent of RFA's is to expedite the process and eliminate the need and cost of forcing witnesses to appear at trial to admit to the same questions.


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7/19/05, 3:00 pm

Legal Answer


Re: Requests for admission

It would seem clear that the Federal courts would have no jurisdiction over purely procedural rules in the State courts. I expect the State courts to have authority to limit the number of RFA's one may submit without leave of Court, just as they do in limiting the number of interrogatories. I do not think you can avoid this one.

Charles Aspinwall

Charles S. Aspinwall, J.D., LLC PO Bx 984 Los Lunas, NM 87031-0984

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