Rule 64.Requests for Admission
Part VII. Disclosure and Discovery · Last amended January 1, 2019 · Last verified September 4, 2026
Full Text of Rule 64
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019.
Plain-English Summary
Rule 64 is the narrowing tool. Its purpose is to take facts off the table before trial.
Scope and number
Within the scope of Rule 51(b), a party may ask another to admit the truth of facts, the application of law to fact, or opinions about either, and the genuineness of described documents. Each request must be separately stated, and a request about a document's genuineness must be accompanied by a copy of the document. Unless the parties agree or the court orders otherwise, no more than 25 requests may be served on any party.
Silence admits
This is the provision that catches people. A matter is admitted unless timely denied or objected to. No motion is required and no order is entered; the admission simply happens. The response is due within 40 days after service, or within 60 days after service of the summons and petition on the respondent or execution of an acceptance of service, and must be signed by the party or the party's attorney.
What a proper response looks like
A response that does not admit must specifically deny the request or state in detail why the party cannot truthfully admit or deny it. A denial must fairly respond to the substance, and where good faith requires qualification or a partial denial, the response must specify the part admitted and qualify or deny the rest.
Lack of knowledge is available only on a stated showing: that the party has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to admit or deny. Grounds for objection must be stated, and a party may not object solely because the request presents a genuine issue for trial -- the whole point being to establish facts that would otherwise be tried.
Effect, and getting out
A matter admitted is conclusively established unless the court, on motion, permits withdrawal or amendment. Subject to Rule 76.1, the court may permit it if withdrawal would promote the presentation of the merits and the court is not persuaded it would prejudice the requesting party in maintaining or defending on the merits.
The last sentence is a real protection: an admission under this rule is not an admission for any other purpose and cannot be used against the party in any other proceeding.
Frequently Asked Questions
What happens if I ignore a request for admission?
It is admitted. Rule 64(a)(4) says a matter is admitted unless timely denied or objected to.
How many requests for admission can be served?
Rule 64(a)(3) allows no more than 25 on any other party, unless the parties agree or the court orders otherwise.
Can I answer that I do not know?
Only on a showing. Rule 64(a)(5) permits asserting lack of knowledge or information 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 an admission or denial.
Can I object because the request goes to a disputed issue?
No. Rule 64(a)(6) says a party may not object solely on the ground that the request presents a genuine issue for trial.
Can an admission be taken back?
Rule 64(b) makes an admitted matter conclusively established unless the court, on motion, permits withdrawal or amendment. Subject to Rule 76.1, the court may allow it if that would promote presentation of the merits and would not prejudice the requesting party.
Can an admission be used in a different case?
No. Rule 64(b) states that an admission under this rule is not an admission for any other purpose and cannot be used against the party in any other proceeding.