Rule 36.Requests for admission.
Last amended July 1, 2018 · Last verified July 1, 2026
Full Text of Rule 36
Amendment History
Promulgated by R-16-0010, effective January 1, 2017; amended by R-17-0010, effective July 1, 2018.
Plain-English Summary
A request for admission asks the other side to concede a fact, the application of law to a fact, an opinion about either, or the genuineness of a document, so the parties do not have to spend trial time proving things that are not really in dispute. Unless the party answers or objects within 30 days — 60 for a defendant, if the party serving the request has already served its own initial disclosure statement — the matter is deemed admitted, which makes the deadline unusually consequential compared to other discovery tools.
An answer that does not admit the matter has to either deny it outright or explain in detail why the party cannot truthfully admit or deny it, and technical dodges — saying a document speaks for itself, or denying only what is inconsistent with a document's language — do not count as a fair response. A party may plead lack of knowledge only after making a reasonable inquiry and finding that the readily available information still is not enough to answer.
An admission made under Rule 36 binds the admitting party only in that case, not in any other proceeding, and the court can allow it to be withdrawn or amended if doing so would help resolve the case on the merits without unfairly prejudicing the party that relied on the admission. If a party denies something that the requesting party later proves true at trial, Rule 37(e) lets the requesting party recover the expense of that proof.
Frequently Asked Questions
What happens if a party never responds to a request for admission?
The matter is deemed admitted. There is no need for a court order — silence past the deadline has the same effect as an express admission.
Can a party admit part of a request and deny the rest?
Yes, and when good faith calls for it, the answering party must specify which part it admits and qualify or deny the remainder rather than treating the whole request as all-or-nothing.
Can an admission be used against a party in a different lawsuit?
No. An admission made under Rule 36 is binding only in the pending action and cannot be used against the party in any other proceeding.
What if a party denies a fact that turns out to be true?
The requesting party who later proves the matter at trial may ask the court, under Rule 37(e), to make the non-admitting party pay the reasonable expenses of that proof, including attorney's fees, unless one of the rule's specific exceptions applies.