Last amended January 1, 2026 · Last verified July 3, 2026
In one sentenceRule 36 lets a party ask another party to admit or deny specific facts or the genuineness of documents, narrowing what's really disputed before trial.
(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)(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 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 or as the parties may agree to in writing, subject to Rule 29, 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 that 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. 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 pre-trial 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 of these Rules governing amendment of a pre-trial 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 that party’s 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 May 15, 1972, effective July 1, 1972
further amended May 7, 2004, effective July 1, 2004
further amended July 9, 2025, effective January 1, 2026
Plain-English Summary
A party may serve a written request asking another party to admit the truth of facts, opinions, or the application of law to fact within the scope of Rule 26(b)(1), or the genuineness of specific documents, for purposes of that case only. Each matter must be set out separately, and it's deemed admitted unless the responding party serves a written answer or objection within 30 days (45 for a defendant's first response). An answer must specifically admit or deny the matter, or explain in detail why the party can't truthfully do either; a party may qualify an answer or admit part and deny the rest, but can't refuse to admit or deny just because the matter presents a genuine issue for trial. If the requesting party isn't satisfied with an answer or objection, it can move the court to determine whether the response is sufficient, and the court can order a better answer or deem the matter admitted.
Anything admitted under this rule is conclusively established for that case, unless the court permits the admission to be withdrawn or amended, weighing whether doing so would serve the merits of the case against any prejudice to the party who obtained the admission. An admission made under this rule is good for the pending action only; it can't be used against the admitting party in any other proceeding.
Frequently Asked Questions
What happens if I don't respond to a request for admission?
The matter is deemed admitted, unless the court allows a longer or shorter time or the parties agree otherwise in writing.
Can an admission be taken back later?
Only with the court's permission, and only after weighing whether withdrawing it would serve resolving the case on the merits against any prejudice to the party who relied on the admission.
Does an admission in one lawsuit count in a different case?
No. Rule 36(b) limits an admission to the pending action only; it can't be used against the party in any other proceeding.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 36). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:requests for admissionadmit or deny requestdeemed admitted