Chapter 11. Civil Practice Act · Article 5. Depositions and Discovery · Last amended 1972 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-36 lets a party serve written requests asking another party to admit facts, the application of law to fact, or the genuineness of documents, deems each request admitted unless a written answer or objection is served within 30 days — or, for a defendant, no earlier than 45 days after service of the summons and complaint — and makes an admission conclusively established in that action unless the court permits its withdrawal or amendment.
(a)Scope; service; answer or objection; motion to determine sufficiency.
(1)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 subsection (b) of Code Section 9-11-26 which are set forth in the request and 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.
(2)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 his 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 him. 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 his answer or deny only a part of the matter of which an admission is requested, he 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 he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him 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; he may, subject to subsection (c) of Code Section 9-11-37, deny the matter or set forth reasons why he cannot admit or deny it.
(3)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 subsection, 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. Paragraph (4) of subsection (a) of Code Section 9-11-37 shall apply to the award of expenses incurred in relation to the motion.
(b)Effect of admission. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission. Subject to Code Section 9-11-16 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 him in maintaining his action or defense on the merits. Any admission made by a party under this Code section is for the purpose of the pending action only and is not an admission by him for any other purpose, nor may it be used against him in any other proceeding.
Plain-English Summary
A request for admission asks another party to concede matters within the chapter’s general discovery scope — statements or opinions of fact, the application of law to fact, or the genuineness of a document, with copies of any referenced document served alongside the request unless already available. Like interrogatories and production requests, it goes out without leave of court, on the plaintiff after commencement and on any other party with or after service of the summons and complaint.
Silence is costly under this section: each matter is admitted unless a written answer or objection reaches the requesting party within 30 days, or, for a defendant, not before 45 days after service of the summons and complaint, unless the court shortens that floor. A denial has to address the substance of what was asked, not dodge around it, and a party may qualify or deny only part of a request when good faith calls for that. Claiming ignorance is not an easy out — a party can’t cite lack of information as a reason to skip answering unless it states it made a reasonable inquiry and still lacks enough information to admit or deny. And believing a request touches a disputed trial issue is not, by itself, a valid reason to object instead of admitting, denying, or explaining why the party can do neither.
The requesting party can ask the court to rule on whether an answer or objection is adequate; the court can order a better answer, deem the matter admitted outright, or defer the issue to a pretrial conference. Once a matter is admitted, it’s conclusively established for purposes of that action unless the court allows withdrawal or amendment — relief granted only when it serves the presentation of the merits and the requesting party can’t show it would be prejudiced. And an admission made under this section stays confined to the pending action; it isn’t an admission for any other purpose and can’t be used against that party in any other proceeding.
Frequently Asked Questions
What happens if a party doesn’t respond to a request for admission in Georgia?
The matter is deemed admitted automatically once the deadline passes without a timely written answer or objection.
How long does a party have to respond to requests for admission?
30 days after service, generally; a defendant isn’t required to respond before 45 days after service of the summons and complaint, unless the court shortens that window.
Can a party avoid answering a request just because it touches on a disputed trial issue?
No. Believing a request presents a genuine issue for trial is not, by itself, a valid ground to object rather than admit, deny, or explain why the party can’t do either.
Can an admission be taken back later in the case?
Yes, the court may permit withdrawal or amendment when doing so serves the presentation of the merits and the party who obtained the admission fails to show it would be prejudiced.
Can an admission made in one lawsuit be used against that party in a different case?
No. An admission under this section applies only to the pending action and cannot be used against the party in any other proceeding.
Amendment History
Ga. L. 1966, p. 609, § 36; Ga. L. 1967, p. 226, §§ 17, 18A; Ga. L. 1972, p. 510, § 9.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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