(a) Request for admission. 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(b) 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 plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint 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 the party’s attorney, but, unless the Court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon the defendant. 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, the 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 the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the 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; the party may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why the party cannot admit or deny it. Each request for admission shall be restated as numbered and shall be answered separately and fully in writing. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the Court determines that an objection 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.
Rule 36.Requests for admission
Part V: Depositions and Discovery · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 36 lets a party ask another party to admit facts, the application of law to fact, or the genuineness of documents for that lawsuit alone, and deems each request admitted unless a specific, timely denial or objection is served within 30 days, or 45 days for a newly served defendant.
Full Text of Rule 36
(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 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 the party in any other proceeding.
Amendment History
Amended, effective July 1, 1970; Jan. 1, 1991.
Plain-English Summary
A request for admission can be served on the plaintiff without leave of court once the case begins, and on any other party with or after the summons and complaint. Rule 36(a) limits the subject matter to things within Rule 26(b)'s discovery scope -- statements or opinions of fact, or the application of law to fact, including whether a document is genuine -- and requires copies of any referenced documents unless they've already been made available. Each matter has to be set out separately, and it's admitted unless the party served responds with a written answer or objection within 30 days, or 45 days for a defendant who was just served with the summons and complaint. A denial has to address the substance of what's asked, and when good faith calls for admitting part of a request and denying the rest, the answering party has to specify what's true and qualify or deny only the remainder. A party can't claim a lack of knowledge as a reason to dodge the request unless it states that a reasonable inquiry turned up insufficient information, and believing a matter presents a genuine issue for trial isn't by itself a valid reason to object -- the party still has to answer or explain, subject to Rule 37(c). The requesting party can move to test whether an answer or objection holds up, and the court can order the matter admitted or an amended answer served if it doesn't.
Rule 36(b) makes an admitted matter conclusively established unless the court permits withdrawal or amendment, which happens when doing so serves the merits of the case and the party that obtained the admission can't show it would be prejudiced. An admission made under this rule counts only for the pending action -- it isn't an admission for any other purpose and can't be used against the party in any other proceeding.
Frequently Asked Questions
What happens if I don't respond to a request for admission in time?
Rule 36(a) deems the matter admitted unless you serve a written answer or objection within 30 days of service, or 45 days if you're a defendant who was just served with the summons and complaint.
Can I refuse to admit something just because I think it's a real issue for trial?
No. Rule 36(a) states that believing a matter presents a genuine issue for trial isn't, by itself, a valid ground for objecting. You still have to deny the matter or explain why you can't admit or deny it, subject to Rule 37(c).
Can I later withdraw something I admitted under Rule 36?
Yes, with the court's permission. Rule 36(b) allows withdrawal or amendment when it serves the merits of the case and the party that obtained the admission can't show it would be prejudiced.
Can an admission from one lawsuit be used against me in a different case?
No. Rule 36(b) limits an admission to the pending action; it isn't an admission for any other purpose and can't be used against the party in any other proceeding.
Do I have to admit or deny something if I don't know enough about it?
Rule 36(a) lets you decline to admit or deny for lack of knowledge only if you state that you made a reasonable inquiry and the information known or readily obtainable is still insufficient.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: delaware requests for admissionrfarequest to admit deadline delawaredeemed admitted delaware civil rules