Before I answer the essence of your question, the Oregon Rules of Civil Procedure states and requires that “The request for admissions shall be preceded by the following statement printed in capital letters in a font size at least as large as that in which the request is printed: “FAILURE TO SERVE A WRITTEN ANSWER OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B WILL RESULT IN ADMISSION OF THE FOLLOWING REQUESTS.” I will presume that you complied with that requirement when you submitted your requests for admissions as the rule states that it “shall” be done in this manner. Sometimes things can sound nit picky but if a party fails to do something that it is required to do and fails to do so, it gives the opposing side ammunition to attack the relief you are requesting that you feel you are entitled to. You are correct, since the opposing side failed to answer your request(s), you now need to file a “Motion to Determine Sufficiency”. You should advise the court in your motion that the opposing party has failed to answer your requests and ask the court to order that each of the matters are admitted. A motion to determine sufficiency is generally geared toward answers that were submitted but possibly not sufficient and parties then move the court to order the party to provide a “sufficient” answer, but since the opposing party failed to provide any answers in your case, you should advise the court of this fact in your motion and that you would like the court to issue an order deeming the matters as admitted. I presume when you say that the opposing party “failed to answer” you mean that the party didn’t answer at all. There is a difference between “failing to answer” and submitting an insufficient answer. Be clear to the court which one it is, if the party failed to answer, so state it, but if the party provided answers that were insufficient, you need to address it in that manner and ask the court to order the opposing party to provide sufficient answers. Be sure to include a copy of the requests for admissions that you served as an exhibit to your motion for the court’s ready reference. Also, under Oregon’s Rule 46A(4) you may apply for an award of expenses incurred in relation to the motion.
Don’t you think consistency requires that you should either say ‘I have confidence in all men,’ and take down your notification; or else say, ‘I suspect all men,’ and keep it up."...To say that strangers are not to be trusted, does not that imply something like saying that mankind is not to be trusted; for the mass of mankind, are they not necessarily strangers to each individual man?
Shauna Strickland. Virginia Self-Represented Litigant Study: Outcomes of Civil Cases in General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report characterizes Circuit Court civil cases by analyzing caseload composition, the presence of legal representation, the level of case contention, and case outcomes.
An attorney who represents himself or herself in a matter is still considered a pro se litigant. Self-representation by attorneys has frequently been the subject of criticism, disapproval, or satire, with the most famous pronouncement on the issue being British poet Samuel Johnson's aphorism that "the attorney who represents himself in court has a fool for a client."
Congratulations! You have just filed your first Pro Se complaint. Feel free to share your new knowledge with as many people as you can, including any materials in this packet. Nothing is copyrighted, and duplication is encouraged. If you need any further assistance, please call the Pa. Coalition of Citizens with Disabilities at (717) 238-0172 voice or (717) 238-3433 TTY.
This Code applies to United States circuit judges, district judges, Court of International Trade judges, Court of Federal Claims judges, bankruptcy judges, and magistrate judges. Certain provisions of this Code apply to special masters and commissioners as indicated in the “Compliance” section. The Tax Court, Court of Appeals for Veterans Claims, and Court of Appeals for the Armed Forces have adopted this Code.
(2) A judge may serve as an officer, director, active partner, manager, advisor, or employee of a business only if the business is closely held and controlled by members of the judge’s family. For this purpose, “members of the judge’s family” means persons related to the judge or the judge’s spouse within the third degree of relationship as defined in Canon 3C(3)(a), any other relative with whom the judge or the judge’s spouse maintains a close familial relationship, and the spouse of any of the foregoing.
The Legal Services Corporation, the single largest funder of civil legal aid for low-income Americans in the nation, reported in June that 86 percent of low-income Americans receive inadequate or no professional legal help for the civil legal problems they face. Here in Georgia, state courts heard more than 800,000 cases involving self-represented litigants in 2016 alone.
Some federal courts of appeals allow unrepresented litigants to argue orally (even so nonargument disposition is still possible), and in all courts the percentage of cases in which argument occurs is higher for counseled cases. In 2013, the U.S. Supreme Court adopted a rule that all persons arguing orally must be attorneys, although the Supreme Court claims it was simply codifying a "long-standing practice of the court." The last non-attorney to argue orally before the Supreme Court was Sam Sloan in 1978.