§ 2033.410.Conclusiveness of admission; application to other proceedings
Title 4. Civil Discovery Act · Chapter 16. Requests for Admission · Article 3. Effect of Admission · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2033.410
Plain-English Summary
This section gives an admission a force no other statement made during discovery carries. Once a matter is admitted in response to a request for admission, and the admission has not been withdrawn or amended under Section 2033.300, it is conclusively established against the admitting party in the pending action. No contrary evidence at trial can undo it; the fact-finder treats the admitted matter as settled, which is exactly the point of the entire chapter, to remove truly undisputed matters from the list of things a jury or judge has to decide.
That conclusive force comes with a sharp boundary. The admission binds only the party who made it, and only for the purpose of the action in which it was made. It is not an admission by that party for any other purpose, and it cannot be used against that party in any other proceeding, a different lawsuit, a regulatory matter, or any other setting outside the case in which the request was served. That confinement is deliberate: a party can concede a fact to streamline the specific case in front of it without that concession following the party into every future dispute where the same subject might come up.
Frequently Asked Questions
How strong is the effect of an admission made in response to a request for admission?
It is conclusively established against the admitting party in the pending action, unless the court has permitted withdrawal or amendment under Section 2033.300.
Can an admission made in one case be used against the same party in a different lawsuit?
No. The admission is binding only on that party and made for the purpose of the pending action only; it is not an admission for any other purpose and cannot be used in any other proceeding.
Can a party still contest an admitted matter at trial with contrary evidence?
No. Once conclusively established, the admitted matter is treated as settled and is not subject to being disproven at trial, unless the admission was withdrawn or amended under Section 2033.300.
Why does the law limit an admission to the pending action only?
To let a party streamline the specific case in front of it without that concession being used against it in unrelated future proceedings.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)