Requests for Admission

When the requests for admission is used

Timing: during discovery. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• A matter is admitted unless, within 30 days after being served, the party serves a written answer or objection (Rule 36(a)(3)).
• The court may permit an admission to be withdrawn or amended on motion (Rule 36(b)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 36 online. Also, the federal judiciary publishes the current rules and recent amendments.

The requests for admission in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar requests for admission procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Request for admission: a discovery request asking another party to admit the truth of a specific matter.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Withdraw or Amend Admissions: a request to withdraw or change an admission — including one deemed admitted because no response was served in time.
• Interrogatories: written questions one party serves on another party, answered in writing under oath.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.