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
Actually Berg filed this in PA and this is grounds to have him declared ineligible for the Presidency by virtue of Constitutional requirements. It will be VERY interesting to see what happens regarding this suit and the electoral college votes.
That’s the hotel in Stephen King’s “The Shining”. LOL
Things seem to be converging with the Andy Martin lawsuit/emergency petition, the berg lawsuit, Hussein suddenly going to Hawaii/”sick grandmother”...veeeeerrrrryyy interesting...
We are all missing the point!
The Question is:
What does Granny know, and when will she die?
Why is she so important at this very moment?
Your not that nice.
Named after her father....guess he really wanted a boy, huh?
bump
That would be great Grandma. But of course their grandma Sidney was just as white as her mother.
What is even more interesting is how skeptical we all have become in this election.
My best guess is that it will be close, both sides will file about vote tampering, and we will be hung forever, waiting for recounts and court decisions.
I don’t even want to think about the potential for civil unrest. I will have nightmares about foreign sabotage/terrorist attacks, etc.
What a fine mess!
But Grandmother is sick, he might ask for a delay.
The hospital copy is not "official", rather the official copy is maintained by the state, and should contain any modifications due to adoptions, name changes, and so forth.
But the state won't even release a COLB, never mind a birth certificate, to anyone but family, w/o a court order that is.
The petitioner is allowed to ask a certain number of questions with the complaint. The law requires an answer to those questions within the prescribed time. 20 days, 30 days or so. A failure to file a response with the required answers is a default. The law requires these and the Judge has little discretion in not enforcing the requirement for a response.
The questions asked with the first filing are not considered part of "discovery". The Judge cannot amend the questions or rule a question does not have to be responded to.
Stanley Ann Dunham is what it says on BHO's supposed COLB.
Senior moment, sorry about that.
Get that p.o.s. Obama’s name off of every ballot in the country.
bttt
Is is justified when a five minute trip to the courthouse and a small fee will produce a birth certificate and end the questions, but it is not done.
It is justified when other evidence supports Obama’s foreign birth to a foreign national, and on and on.
What bothers me is that we are willing to stop fighting because it is difficult and messy.
Plus, all of this really doesn't matter, as those who really call the shots world wide don't care whom the president might be. They are all planning on how to revamp the worldwide banking system into a single operating system, the knowledge of which is so arcane that the common people who believe that they are voting in a consequential way are not even aware that this is happening. What we say really no longer matters, because the agenda is set.
All of this election scandal speculation is merely to distract us from what is happening elsewhere of far more importance.
McCain or Obama will pass from the scene in no more than 8 years, but the consequential and significant changes being done in secret will last for generations to come, and will forever affect what little is left of our democracy.
We are electing people now who really have no control over anything except small and local matters.
Democracy in America is on its last legs, I am afraid.
If you don't believe me, just ask yourself how many candidates were on the ballot for your primaries that had not already withdrawn from the race?
Only a few chosen states actually make the votes for people still in the race. The vast majority of us simply confirm what they have done.
All of these choices are false choices. If Obama is a false candidate, so be it, but I never had a chance to vote for anyone but McCain, and I would not have picked him, either.
At least we can be entertained and made to believe we still matter. Sorry to be such a gloomy gus, but this is what I believe.
What? It's the Overlook Hotel.
I guess you're thinking of the first name of the director of the movie adaptation.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.