(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), including the genuineness of any documents described in the request. Copies of documents must be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.
Rule 36.Requests for admission
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 36 lets a party ask another party to admit or deny specific facts or the genuineness of documents, and treats every request as admitted by default unless a timely, specific answer or objection is served.
Full Text of Rule 36
(B) Timing. The request may, without leave of court, be served not earlier than ten days after the issues are first closed on the merits or thirty days from commencement of the action in cases where no responsive pleading is required. Requests for admission must not be combined in the same document with any other pleading and must be served separately from any other form of discovery.
(C) Failure to admit or deny. Each matter of which an admission is requested must be separately set forth. The matter is admitted unless, within a period designated in the request, not less than thirty days after ser- vice thereof 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.
(D) Objections. If objection is made, the reasons must be stated. General objections must not be made and will have no effect. A general objection is an objection that is not directed to a specific request for admission, does not specifically state the grounds on which it was based, or applies globally. The answer must specifically deny the matter or set forth in detail the reas- ons why the answering party cannot truthfully admit or deny the matter. A denial must fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party must 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 reasonable inquiry has been made and that the information known or readily obtainable is insufficient to enable an admission or denial or that the inquiry would be unreasonably burdensome. 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.
(E) Motion to compel and order. A motion to compel and order are not required where a party fails to admit or deny under subdivision (C). To address objections under subdivision (D), the party who has requested the admissions may move for an order with respect to the answers or objections after the parties attempt to resolve their dispute under Rule 26(F). If the court determines that an answer does not comply with the requirements of this rule or that an objection is not justified, 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.
(F) 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 gov- erning 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 pre- judice 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.
(G) Expenses on failure to admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under this rule, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees. The court must make the order unless it finds that
(1) the request was held objectionable under subdivision (A),
(2) the admission sought was of no substantial importance,
(3) the party failing to admit had reasonable ground to believe that they might prevail on the matter, or
(4) there was other good reason for the failure to admit.
Amendment History
This rule’s current text took effect January 1, 2026. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 36 asks the opposing party to commit, in writing, to what it does and doesn’t dispute. Section A lets a party serve written requests asking another party to admit the truth of any matter within the normal scope of discovery, including whether a document is genuine; if genuineness is the question, a copy of the document has to go along with the request unless the other side already has it. Section B sets when these requests can go out: not earlier than ten days after the pleadings first close on the merits, or thirty days after the case begins if no responsive pleading is required. Requests for admission have to stand on their own — they can’t be tucked into another pleading or bundled with other discovery.
Sections C and D govern the response. Every matter the request raises is treated as admitted unless the other party answers or objects in writing within the time set — at least thirty days after service, unless the court sets a different period. An answer can’t dodge: a denial has to address the substance of what was asked, a partial truth has to be sorted from what’s denied, and a plea of “I don’t know” only works if the answering party has made a reasonable inquiry and still can’t find enough information to answer, or the inquiry would be an unreasonable burden. A party can’t refuse to answer just because the matter is disputed and might come up at trial — the rule expects a denial or an explanation instead. And as with Rule 34, objections that don’t target a specific request and spell out a reason carry no weight.
Sections E through G cover what happens next. A party doesn’t need to move to compel just because the other side went silent — silence itself works as an admission. But if the other side answers unsatisfactorily or raises an objection the requesting party thinks is unjustified, that party can move for an order after trying to work it out under Rule 26(F); the court can deem the matter admitted or order a better answer. Once something is admitted, Section F treats it as settled for the rest of the case — good for this lawsuit only, not usable against the party anywhere else — unless the court lets the admission be withdrawn or changed. And Section G gives some teeth to the whole process: if a party denies something the requesting party later proves true, the party who denied it may have to pay the cost of that proof, including attorney’s fees, unless the denial had a justification the rule recognizes.
Frequently Asked Questions
What happens if I don’t respond to a request for admission?
The matter is deemed admitted by default. Rule 36 doesn’t require the other side to move to compel a response — silence past the deadline works as an admission on its own.
How soon can requests for admission be served in an Indiana case?
Not before ten days after the pleadings first close on the merits, or thirty days after the case begins in cases where no responsive pleading is required.
How much time do I have to answer a request for admission?
At least thirty days after service, unless the request allows more time or the court orders a shorter or longer period.
Can I just say “I don’t know” if I’m unsure whether something is true?
Only if you’ve made a reasonable inquiry first and the information available still isn’t enough to admit or deny, or the inquiry itself would be an unreasonable burden. A bare claim of ignorance isn’t enough.
Can I object to a request for admission because it raises a disputed issue that belongs at trial?
No, not on that ground alone. Rule 36 expects you to deny the matter or explain why you can’t admit or deny it, rather than object because the issue is contested.
Can an admission I make under Rule 36 be used against me in a different lawsuit?
No. An admission made under this rule is binding only in the pending action; it isn’t an admission for any other purpose and can’t be used against the party in another proceeding.
What if I answered a request but later learn I was wrong?
Rule 36 lets a court permit withdrawal or amendment of an admission when doing so would help present the merits of the case and the party who obtained the admission can’t show it would be prejudiced by the change.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 36). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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