Comments on: Having a Party Acknowledge Something http://www.adamsdrafting.com/2007/03/21/having-a-party-acknowledge-something/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: Michael Fleming http://www.adamsdrafting.com/2007/03/21/having-a-party-acknowledge-something/comment-page-1/#comment-2961 Michael Fleming Wed, 21 Mar 2007 19:39:28 +0000 http://www.adamsdrafting.com/2007/03/21/having-a-party-acknowledge-something/#comment-2961 I often think of using 'acknowledge' as like getting Admissions (in the Rules of Civil Procedure meaning) on the record before the lawsuit was even filed. That said: They should be used sparingly, and only in instances where the fact being acknowledged is not so far-fetched that a judge couldn't accept it even if it's been acknowledged. I can't get the other party to acknowledge that the sun rises in the West and hope to get summary judgment on that point in the future lawsuit. I often think of using ‘acknowledge’ as like getting Admissions (in the Rules of Civil Procedure meaning) on the record before the lawsuit was even filed.

That said: They should be used sparingly, and only in instances where the fact being acknowledged is not so far-fetched that a judge couldn’t accept it even if it’s been acknowledged. I can’t get the other party to acknowledge that the sun rises in the West and hope to get summary judgment on that point in the future lawsuit.

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