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
Gov. Lingle and Gov. Palin are very close and talk with each other often.
IN THE SUPREME COURT OF HAWAI’I SUPREME COURT DOCKET NUMBER: 29414 ANDY MARTIN, Petitioner, HON. LINDA LINGLE, in her official capacity as Governor; DR. CHIYOME FUKINO, in her official capacity as Director of the Department of Health, HON. BERT AYABE, in his official capacity as Circuit Judge, Respondents.
http://www.contrariancommentary.com/community/Home/tabid/36/mid/363/newsid363/288/Default.aspx
Maybe not.
Many books may be burned after this election.
Many authors of potential books may disappear forever in the middle of the night.
Depressed and demoralized??? You’ve got to be KIDDING! They will be RIOTING and BURNING CARS!
Can he use the reported near death of his grandmother to stall this?
For that matter, how hard would it be for Senator "Coke-head" Obama to just show up with birth records from the state and the hospital, and records relating to his sojourn in Indonesia and simply quash all of this?
LOL...great job DFU.
If this can't be done before the election, then the election needs to be postponed, regardless.
The US Senate can do this with an emergency session.
So, IMHO, looks like our courts and our Congress will let the American people down again.
Surely, the judges aren't so ignorant at the magnitude of these 2 questions having to be settled.
Finally, WTF vetted his eligibility to run for POTUS to begin with before the primaries? This group needs to have its backside taken to the woodshed and produce their information clarifying the first 2 questions above.
If the vetting group ( all persons involved ) screwed up, then send them the bill for their collective mistakes (sham).
Didn’t someone post that the vetting was done in Chicago before he was elected Senator? And isn’t that a fright?
If that the case, then whom? Bill Ayers?? Resko? Daley? Capone? The Chicago Sun Times? Micky Mouse? The Cookie Monster?
Good point. I have no idea but my money is on Mickey Mouse.
That the imbecile bringing this case is a known 9-11 truther nutjob and this thing is going nowhere. This whole thing is an embarrassment to FR.
Interrogatories are different than requests to admit, but yes, Federal Judges do whatever they please.
Interrogatories are different than requests to admit, but yes, Federal Judges do whatever they please.
I had always assumed the hotel in the Shining was the Stanley in Estes Park, Co. It looks like I’m part right and part wrong. The Stanley was King’s inspiration when he wrote the book. Part of a “The Shining” mini-series was filmed there.
Press reports indicate they spent 25 minutes (including elevator trips) with her during their last vacation in Hawaii, after a 19 month absence. They left her a fruit basket.
Close knit family, huh?
I think Pluto did the vetting myself, LOL!!!!
bump for later
Why do we always attack the political enemies of our political enemies? The left, socialist and communist never do this. If you think their effort is wasted, crazy; just leave them alone, wish them the best and get back to work on your own efforts.
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.