by Jon Noyes (Attorney Profile)
Wilson Kehoe Winingham LLC
2859 N. Meridian St.
Indianapolis, IN 46208
(317) 920-6400
wkw.com


A litigator is representing a client in a personal injury case where the client has suffered significant injuries. Although the litigator has strong evidence that the client was injured, the damage award could vary by a wide margin. The litigator would like to narrow the lower margin without sacrificing the higher margin, but is not sure how to do so. An interrogatory asking the defendant to place a value on the client’s damages would certainly be objected to. Nor would the defendant’s deposition prove fruitful because the defendant cannot be expected to accurately value the plaintiff’s claim on the spot. Rather, the litigator may find the solution through requests for admissions.

Requests for admission are a powerful but underutilized discovery tool that allow attorneys to ask an opposing party to admit any matter relevant to the case and not protected by privilege. [1]. Unlike the Federal Rules, Indiana does not limit these matters to enumerated categories. [2]. Instead, all non-privileged, relevant matters are proper, including “an opinion, a contention, or a legal conclusion, if the request is related to the facts of the case.” [3].  This allows attorneys to significantly clarify their adversaries’ contentions and gain the upper hand at trial.

by Michele Lorbieski Anderson
Managing Associate
Frost Brown Todd
201 North Illinois Street, Suite 1900
Indianapolis, IN 46244-0961
317-237-3216
manderson@fbtlaw.com
Attorney Profile Webpage


All of the social media sites and applications available today share one thing in common: the users provide the content.  As such, social media can be a good source of electronically stored information (“ESI”) about those users, most commonly in the form of pictures, statements, or videos.  The phrase “you can’t trust everything that you see on the internet” hints at the most obvious barriers to the admission of evidence from social media, which are authentication and hearsay.