Tuesday, December 27, 2016
Admissions in State Court v. Federal Court
In Mississippi, the standard to withdraw admissions that have not been timely responded to is pretty low if you file a motion to withdraw the admissions. However, in Federal Court, the standard is higher. If a request is made before the expiration of the deadline, the Courts grant additional time as a matter of course. Fed. R. Civ. P. 6(b)(1)(A). When the time is lapsed, the more stringent times of Rule 6(b)(1)(B) apply. An extension under this rule can be granted only upon a showing of both good cause and excusable neglect.