Rule 36 - Requests for Admission(a)Scope and Procedure(1)Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to: (A) facts, the application of law to fact, or opinions about either; and(B) the genuineness of any described documents.(2)Form; Copy of a Document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying.(3)Time to Respond; Effect of Not Responding. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court.(4)Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny. (5)Objections. The grounds for objecting to a request must be stated. A party must not object solely on the ground that the request presents a genuine issue for trial.(6)Motion Regarding the Sufficiency of an Answer or Objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. On finding that an answer does not comply with this rule, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until a pretrial conference or a specified time before trial. Rule 37(a)(5) applies to an award of expenses.(7)Limitations on Number of Requests.(A) No party may serve upon any other single party to an action more than 40 requests for admission under Rule 36(a)(1)(A) without obtaining: (i) a written stipulation under Rule 29 of the party to which the additional requests are directed; or(ii) upon a showing of good cause, a court order granting leave to serve a specific number of additional requests.(B) Subparts of requests count as separate requests. There is no limitation on requests for admission relating to the genuineness of documents under Rule 36(a)(1)(B). (b) Effect of an Admission; Withdrawing or Amending It. A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to Rule 16(d)-(e), the court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this rule is not an admission for any other purpose and cannot be used against the party in any other proceeding.Last amended effective 1/1/2005; amended effective 3/1/2019.Drafter's Note
2004 Amendment
Subdivision (a) is amended to conform to the federal rule, as amended in 1993, by reflecting changes to Rule 26(a) and (d) that require a party to comply with Rule 26(a) before serving formal discovery requests. It is also amended to provide that stipulations to modify the time for a response are subject to Rule 29. Subdivision (a) is also amended to incorporate language from Rule 26(f), requiring restatement of the request for admission before the answer or response. The amendments to subdivision (b) are technical. Subdivision (c), which does not appear in the federal rule, is retained, including the language limiting requests for admissions to 40 in number except as to genuineness of documents. The provision is amended to include a reference to Rule 29 with respect to stipulations to exceed the 40-request limit.
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