Rule 36 — Requests for Admission

Fed. R. Civ. P. 36

• Source: Federal Rules of Civil Procedure
• Rule: 36
• TITLE V: DISCLOSURES AND DISCOVERY
• Citation: Fed. R. Civ. P. 36

Text

(a) SCOPEANDPROCEDURE.
(1) Scope. A party may serve on any other party a written re-
quest 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 sepa-
rately stated. A request to admit the genuineness of a docu-
ment must be accompanied by a copy of the document unless
it is, or has been, otherwise furnished or made available for in-
spection and copying.
(3) Time to Respond; Effect of Not Responding. A matter is ad-
mitted 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 or-
dered by the court.
(4) Answer. If a matter is not admitted, the answer must spe-
cifically deny it or state in detail why the answering party
cannot truthfully admit or deny it. A denial must fairly re-
spond to the substance of the matter; and when good faith re-
quires that a party qualify an answer or deny only a part of
a matter, the answer must specify the part admitted and qual-
ify 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 in-
quiry 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.
(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(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 preju-
dice 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.

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007.)