Prestage v. Clark’s Empirical Analysis
1998
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently February 2018
21 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 616 So. 2d 1234 - Everything on Wheels Subaru, Inc. v. Subaru South, Inc. · 627 So. 2d 148 - Yount v. Maisano · 422 So. 2d 1109 - Jenkins v. St. Paul Fire & Marine Ins. Co. · 481 So. 2d 567 - Louisiana State Bar Ass'n v. Bosworth · Dufour v. Westlawn Cemeteries, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Generally, the courts have given full effect to Articles 1467 and 1468 when there has been a total lack of response to requests for admissions. Prestage v. Clark, 97-0524, p. 7 (La.App. 1 Cir. 12/28/98), 723 So.2d 1086, 1090 , writ denied, 99-0234 (La.3/26/99), 739 So.2d 800 ; Vardaman v. Baker Center, Inc., 96-2611, p. 7 (La.App. 1 Cir. 3/13/98), 711 So.2d 727, 732 . The language of Article 1467 is very clear; the matter is admitted unless a written answer or objection is served on the party making the request within the specified time after service of the request. Prestage , 97-0524 at p. 7, 723 So.2d at 1090 ; Vardaman , 96-2611 at p. 9, 711 So.2d at 732-33 . However, Article 1467 is not a trap set for the litigant; it provides many options for the party on whom the request is served. For example, if the party cannot answer within the specified time, the court may allow additional time. See LSA-C.C.P. art. 1467; Prestage , 97-0524 at pp. 7-8, 723 So.2d at 1090 . Additionally, a party against whom a fact has been deemed admitted has the opportunity to seek to have the fact withdrawn or amended. See LSA-C.C.P. art. 1468; Vardaman , 96-2611 at p. 9, 711 So.2d at 733 . However, if a party fails to take any steps available to it, the fact is admitted and, according to Article 1468, is conclusively established. Vardaman , 96-2611 at p. 9, 711 So.2d at 733 .”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.