Rule 36.Requests for admission.
Last verified July 6, 2026
Full Text of Rule 36
Amendment History
[Amended eff. 10-1-95.]
Committee Comments
Committee Comments on 1973 Adoption
There is no provision corresponding to Rule 36 in Tit. 7, § 474(1)-(18), Code of Ala.
The purpose of this rule is to expedite the trial and to relieve the parties of the cost of proving facts which will not be disputed at the trial and the truth of which can be ascertained by reasonable inquiry. The rule is self-sufficient, and clearly defines its purpose and limits its effect, and it should be liberally construed. See Wright & Miller, Federal Practice and Procedure, Civil, § 2252 (1970).
As in Rule 33, Interrogatories, and Rule 34, Request for Production, 30 days in which to admit is allowed unless the Request is served at or shortly after the commencement of the action. Unless otherwise ordered, a defendant is not required to admit any sooner Rule 36 provides that admissions may reach opinions of the application of law to facts. This is analogous to a companion provision found in Rule 33(b).
Objections must be accompanied by grounds. Inability to admit or deny requires accompanying reasons therefor. When good faith requires qualification, that which can be admitted shall be stated and that which is denied shall be specified.
Lack of knowledge is adequate only when reasonable inquiry could not lead to sufficient information. The duty to make reasonable inquiry does not oblige the responding party to seek discovery from third parties available to the requesting party.
Objections or insufficient answers may be pursued under Rule 37(a) by the party seeking discovery.
Final disposition of certain requests may be postponed until pre-trial or thereafter.
Amendment or withdrawal of admissions is permitted under the conditions set forth in Rule 36(b).
The admission is for the purpose of the pending action only and is not an admission for any other purpose or proceeding.
The same admonition as to the use of canned interrogatories contained in the commentary to Rule 33 is equally applicable to the service and filing of canned requests for admissions. In the commentary dealing with Rule 33, the method of objections to canned discovery devices is discussed.
Committee Comments to October 1, 1995, Amendment to Rule 36
The amendment is technical. No substantive change is intended.
Plain-English Summary
Not every fact in a lawsuit is worth fighting over. A defendant might not seriously dispute that a document is authentic, or that a delivery happened on a certain date, even while contesting the bigger question of who’s at fault. Rule 36 gives parties a way to lock down those uncontested points ahead of time instead of spending trial time proving them. One party serves a written request asking the other to admit the truth of a specific statement, and the responding party has thirty days (again, longer for a defendant tied to service of the complaint) to admit it, deny it, or explain in detail why it can’t truthfully do either.
The rule sets real guardrails around how a party can respond. A denial has to address the substance of what was asked, not dodge it with technicalities. If a party can truthfully admit part of a request and not the rest, it has to say which part is true and only deny or qualify the remainder. Claiming a lack of knowledge is not a free pass either — a party can only say it doesn’t know or can’t find out unless it has made a reasonable effort to check and still come up empty. And a party can’t refuse to respond just because the request touches a truly disputed issue; the fact that something is contested doesn’t make it improper to ask about it. If a party ignores a request altogether, or lets the deadline pass without a proper response, the matter is treated as admitted automatically, without any need for a court order.
Once something is admitted under Rule 36, it is treated as conclusively established for that lawsuit — not just as evidence to be weighed, but as a settled fact the parties no longer need to argue about. That admission only binds the parties in this case, though; it can’t be used against the admitting party in some other proceeding down the road. A court can allow a party to withdraw or amend an admission later if doing so would help resolve the case on its merits and wouldn’t unfairly hurt the other side, who relied on the admission being final. Because of how much a well-crafted set of admissions can narrow what still needs to be tried, many lawyers treat Rule 36 as one of the most underused tools for cutting a case down to size before trial.
Frequently Asked Questions
What happens if I don’t respond to a request for admission at all?
The matter is automatically deemed admitted. You don’t get a warning or a second chance by default — missing the deadline without a proper response has the same effect as admitting the request outright.
Can I refuse to admit something just because it’s a contested issue in the case?
No. The fact that a proposition is truly disputed is not, by itself, a valid reason to object. You still have to admit it, deny it, or explain in detail why you can’t do either.
Can I say "I don’t know" to get out of admitting or denying something?
Only if it’s true in a meaningful sense. You have to state that you made a reasonable inquiry and that the information you could reasonably obtain still isn’t enough to let you admit or deny the request.
If I admit something under Rule 36, can it be used against me in a different lawsuit?
No. An admission made under Rule 36 is effective only for the pending action. It isn’t an admission for any other purpose and can’t be used against you in a separate proceeding.
Can an admission be taken back later in the case?
Yes, but only with the court’s permission. The court can allow withdrawal or amendment when it would help resolve the case on the merits and the other side can’t show it would be unfairly prejudiced by losing the benefit of the admission.