Posted on 10/20/2008 9:44:03 PM PDT by A_Niceguy_in_CA
According to Rule 36 of the Federal Rules of Civil Procedure, a party upon whom requests for admissions have been served must respond, within 30 days, or else the matters in the requests will be automatically deemed conclusively admitted for purposes of the pending action.
On September 15, Philip Berg served Barack Obama and the Democratic National Committee with a request for admissions. Barack Obama and the DNC acknowledged service in their motion for protective order, filed on October 6 in an attempt to persuade the court to stay discovery. The Federal Rules require that a response be filed within the 30-day time limit, and Barack Obama and the DNC have not. Therefore, this morning, Philip Berg will file two motions:
* A motion requesting an immediate order deeming his request for admissions served upon Barack Obama and the DNC on September 15 admitted, and
* A motion requesting an expedited ruling and/or hearing on Berg’s motion deeming the request for admissions served upon Obama and the DNC admitted.
Berg contends that the failure to respond and serve the response within the time limit is "damning," and made two appearances overnight on Rollye James' talk radio program, the second one coming shortly after midnight, during which he disclosed the meat of today's filings and the ramifications the defendants' failure to respond may have.
“They did not file answers or objections or anything else to the request for admissions we served upon them on September 15,” Berg said to me shortly before midnight, noting that Obama and the DNC did in fact acknowledge service of the admission in their motion for protective order. “They knew the admissions were due. They knew they must object or answer specifically in 30 days. Here, they did nothing.”
Typically, requests can be used to ascertain three types of information: (1) the veracity of facts, (2) the authenticity of documents, or (3) the “application of law to fact.” Pretty much anything not privileged is fair game, and while the idea behind such a request is to obtain information, requests for admissions of facts and of the genuine nature of documents are generally not designed as a part of discovery, per se, but rather more of a mechanism used to whittle down proof later in the proceedings.
Unless permitted by the court or allowed pursuant to a written agreement between the parties, the party served with the request must serve a response within 30 days. How serious is a failure to respond? This, from PreTrial, by Thomas A. Mauet:
The automatic provision of Rule 36 makes it a formidable weapon because inertia or inattentiveness can have an automatic, and usually devastating, consequence. Hence, there is one cardinal rule for practice under this provision: Make sure you respond and serve the response within the 30-day period.
Just what were some of the admissions that Berg asserts Barack Obama and the DNC have, at least procedurally, admitted to?
* Admit you were born in Kenya.
* Admit you are a Kenya “natural born” citizen.
* Admit your foreign birth was registered in the State of Hawaii.
* Admit your father, Barrack Hussein Obama, Sr., admitted Paternity of you.
* Admit your mother gave birth to you in Mombosa, Kenya.
* Admit your mother’s maiden name is Stanley Ann Dunham a/k/a Ann Dunham.
* Admit the COLB [Certification of Live Birth] posted on the website “Fightthesmears.com” is a forgery.
* Admit you were adopted by a Foreign Citizen.
* Admit you were adopted by Lolo Soetoro, M.A. a citizen of Indonesia.
* Admit you were not born in Hawaii.
* Admit you are a citizen of Indonesia.
* Admit you never took the “Oath of Allegiance” to regain your U.S. Citizenship status.
* Admit you are not a “natural born” United States citizen.
* Admit your senior campaign staff is aware you are not a “natural born” United States Citizen.
* Admit the United States Constitution does not allow for a Person to hold the office of President of the United States unless that person is a “natural born” United States citizen.
* Admit you are ineligible pursuant to the United States Constitution to serve as President and/or Vice President of the United States.
Quite obviously, this is developing....
Posted to America's Right by Jeff Schreiber
If he served by mail obama gets an extra three days to respond.
Also the court might have ordered that written discovery was not yet permitted to commence
**protect the Constitution of the USA ? and up hold the US Constitution ?**
YES, unless it interferes with their political AGENDA.
and we can’t take them out and shoot them, either!
The MSM may ignore but if Berg succeeds and shows that bambi is ineligible under the constitution to be prez....then what? I thought this whole mess would be done by now and off the table but I guess not. Then we have the Andy Martin business in Hawaii, where apparently bambi is going to visit is sick grammy.
What an election. After nearly 70 years of fighting communism we are on the verge of handing the prez over to a communist who isn’t even eligible to be prez. I think mac will win anyway but still.....dang! Many books will be written about this election.
As an attorney, I have used requests to admit to advantage many times. Most attorneys for some reason have no respect for this simple, cheap, efficient means of discovery, for some rea$on. Because they don’t use them, they forget about the thirty day response requirement. When you hit them with their screw up, they invariably get the client to settle the case to hide their embarrassment at their malpractice.
In addition, the beauty is that failure to answer requests for admission is virtually bullet-proof. That is courts almost never permit additional time to answer the admissions. The only cases where extensions are granted generally deal with lack of service or disability of the attorney or client. One could argue Obama’s disability here, but clearly its not at issue. No, Bambi’s attorney made a rookie error and only the judge can save him now. Maybe this explains that quick trip to Hawai’i to visit dying granny who his kids have never met.
The Clinton’s
“Yea first they filed to dismiss, now they are ignoring.
How bloody hard can it be to produce the documents unless they are hiding something.”
Sound like what caught Obama and team off guard is that the Supreme court might just open this...and sure seems fishy that he is heading to Hawaii on the same day that the supreme court is deciding this.
Nothing is “open and shut”. There’s still plenty of ways to derail this case, trust me. Besides, it cannot be heard completely before the election. The way things are going today, if BO wins and is later found to be “ineligeble” to be POTUS, the courts will probably declare that portion of the constitution unconstitutional! Either that or we will have to suffer President Biden!
That’s a moot point. If the man truly is ineligible to be President of the United States because he does not meet the Constitutional criteria, then, what his adoring fans and supporters think is immaterial.
If he is disqualified, his supporters (especially the Black voting bloc) will be so depressed and demoralized they will not even bother showing up at the polls to vote, and you can begin the practice of saying “President McCain”.
Ref. your Post #16: GOOD POINT.
What about the threat of patriot retaliation if they don’t uphold the constitution? We can only be pushed so far.....
**If he is disqualified, his supporters (especially the Black voting bloc) will be so depressed and demoralized they will not even bother showing up at the polls to vote,...**
they may also be too busy BURNING DOWN LA, Houston, Dallas, Atlanta, Chicago, NYC, Philadelphia, Pittsburgh.. ala 1965
A.Obama and the DNC were served in person more than 30 days ago on Sep. 15.
B. To date, the court has made rulings on this case.
Yep the Clinton’s
My “ I wonder who?” was sarcasm
Where are the RNC Lawyers? They shoul be all over this.
That would be my guess. I think there are a cadre of lawyers helping him
He won’t be able to stall. The SCOTUS would convene on an emergency order and rule on this. They had no troubling assembling and ruling on the Ohio Voter Registration Fraud suit.
The rules do require these answers and if they are not answered, one of the many sanctions is that the court may deem them admitted. However, in the discovery area, there is a great deal of court involvement which can give the answering party a pass if they have a good reason. Sometimes the filing of an intervening motion to dismiss will be such a reason, for if the court dismisses the case, the reason for having to answer is moot.
However, the proper procedure if you want a continuance to answer at a later time is to ask for court permission in advance of the deadline, to show that you are coming to the court with clean hands.
I would not place too much stock on this argument, though I would continue to make it, until all dispositive motions have been decided, and they still do not answer after another thirty days.
Either way, it should be the subject of a motion to have the court order that the requests for admission be deemed admitted for purposes of the litigation.
Keep in mind that the court is unlikely to be perfectionist when there is so much riding on the outcome of this case. On principles of equity, an appeal of an adverse ruling against Obama may result in a reversal with an order that they have extra time to answer.
The kick in the pants is that these could be answered in five minutes, including the typing in the proper court format. The proper answers could free Obama from this litigation - but he will not answer or provide access to his COLB, and that can only raise huge suspicions.
The unfairness of the world, particularly from a politicized court, will be very apparent in this case because the powers that be have decided that they have their goat and they are going to put him in the pen regardless of the law.
Get ready for more of the same in many areas, my FRiends.
Ted Olson? Barry Richards?
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