The space constraints on this column do not allow for a full recitation of the elements of §3123 of the Civil Practice Law and Rules, which govern the Notice to Admit. However, the full text may be found in CPLR Article 31, included as a disclosure device. A close look reveals characteristics which take the Notice to Admit well beyond the devices familiar to practicing attorneys and trial judges.
On its face, this device should be more popular than it has been in defending medical malpractice claims. Often it becomes apparent that a particular case will need to be tried and attention then turns to how the defense will be presented before a jury. Evidentiary foundation issues with photographs, diagrams, or copies of medical records from out-of-state medical facilities no longer in operation, are not uncommon. Why then is this device so infrequently used?
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