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 Bergs 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 mothers 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
It sounds to me like his laywers have been trying to get him to sign the original answers to the requests for admissions and he had to fly to Hawaii to secretly deal with this case, so he is using the excuse of a sick family member.
I don’t doubt that someone is sick, but I doubt he would otherwise tkake time out from his schedule to spend $150 million.
Whoa! Is that true?? His kids have never met granny Madelyn?
http://4.bp.blogspot.com/_R-l1iejogZw/SP1e1v9SEpI/AAAAAAAABJE/ICBQ2KKK9f8/s400/10-21+Motion.bmp
BINGO!
No, they should not.You dont want this laid at the feet of republicans.Let the clintons do it.We just need to be real careful that we dont get tarred with this.
Nothing legally, but no one will care about a "legal technicality". The Lawyers for The One, and the DNC, will stall for a couple of more weeks, and then we may very well find ourselves with a President Elect who is not Constitutionally qualified for the position. Also with President Elect Biden. (although not until the electoral college casts it's votes, until then, it's not official under the Constitution, and the "O" electors could vote for someone else, say Hillary, or Biden, or John F'n Kerry (who served in Vietnam) or even AlGore, who after all got a plurality of the popular vote. )
Could result in Interesting Times".
But I have to believe that if the evidence was there, Hillary, who wants the Presidency as a wolf wants a sheep, would have found it, and leaked it to the Republicans.
I heard that too. That the Obambi kids never met “granny” even though they were with Barack and Michelle the last trip to Honolulu this summer.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Article IV, 3rd paragraph, Constitution for the United States.
So that would be:
Have you run into this problem?
30 days was 5 days ago.
That is why the civil rules apply. There is no fifth amendment to allow a refusal to answer.
A refusal to answer questions allows the questioner to deem the answer is anything they say. The answer that is deemed to be given is binding and cannot be later denied.
Because this is some fairly scary stuff.
The difference between interrogatories seeking information, and requests for production of documents is that they do not have a similar impact, and the rule allowing the requests for admissions to be deemed admitted is different than those other two categories of discovery.
In the first two, the court will order the answers on pain of contempt of court, or other penalties which are also available.
Wouldn't want them to have a "confused" racial identity. How to explain to the kiddies, who sat in Reverend Wright's Church too, that Granny is a "White devil", the scourge of the other races.
If that’s true, then it’s not a surprise that he threw his granny under the bus.
Is grandma about to bite the dust? That is the question. Has anything every been published about her in the last two years? If his kids have never met grandma, that would be very strange indeed!! Grandma’s generally like to be involved with their heirs. We shall see.
I have to wonder if when he returns from Hawaii, after “visiting his ill grandmother,” he will somehow have miraculously found a certified copy of the birth certificate?
You do know that Hawaii is part of the country, right? LOL!
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