Ch. V: Depositions and Discovery · Last amended 2018 · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 36 lets a party demand admissions, and makes anything admitted conclusively established unless the court permits it to be withdrawn.
(a)Request for Admission. When discovery is permitted by the Court, a party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(g)(1) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the petitioner after commencement of the action and upon any other party with or after service of the summons and petition upon that party. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the Court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by counsel, but, unless the Court shortens the time, a respondent shall not be required to serve answers of objections before the expiration of 45 days after service of the summons and petition. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, that party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that reasonable inquiry has been made and that the information known or readily obtainable by the party is insufficient to enable that party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; that party may, subject to the provision of Rule 37(c), deny the matter or set forth reasons for the inability to admit or deny it. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the Court determines that an object is justified, it shall order that an answer be served. If the Court determines that an answer does not comply with the requirements of this Rule, it may order either that the matter is admitted or that an amended answer be served. The Court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.
(b)Effect of admission. --Any matter admitted under this Rule is conclusively established unless the Court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16.2 governing amendment of a pretrial order, the Court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the Court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits. Any admission made by a party under this Rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against that party in any other proceeding.
End
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
Amended effective January 1, 2018.
Plain-English Summary
The request. Where discovery is permitted, a party may serve a written request that another party admit, for the purposes of the pending action, the truth of matters within the scope of discovery — including the genuineness of documents.
The effect. Any matter admitted is conclusively established, unless the court on motion permits the admission to be withdrawn or amended. Conclusively is a strong word and it is meant: an admission is not evidence to be weighed against other evidence, it removes the question from the case.
That is what makes requests for admission worth serving and dangerous to ignore. They are the cheapest device in the discovery rules and the one with the sharpest consequence for inattention.
Frequently Asked Questions
What is a request for admission?
A written request that another party admit, for purposes of the pending action, the truth of matters within the scope of discovery, including the genuineness of documents.
What happens if I admit something?
It is conclusively established, unless the court on motion permits the admission to be withdrawn or amended.
Can an admission be taken back?
Only if the court permits withdrawal or amendment on motion.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 36), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:request for admission Delaware Family Courtconclusively established admissionFam. Ct. Civ. R. 36