Rule 36.Requests for Admission
Last amended November 1, 2023 · Last verified July 8, 2026
Full Text of Rule 36
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note – November 2023
Subdivision (a) of Rule 36 is amended to include references to the notice regarding Electronic Service described in Rule 5(b).
Advisory Committee’s Notes
Rule 36(a) is amended to make clear that a party who has not answered or objected to a request for admission may be relieved under Rule 36(b) from the conclusive effect of the admission. The amended provision applies to all litigants, but it is particularly necessary in the case of pro se litigants who may not understand the effect of failure to respond to a request for admission.
The rule is also amended to eliminate gender references that were inadvertently omitted from the general amendments of July 1, 1987, eliminating such references.
Advisory Committee’s Note — September 23, 1971
For the convenience of both counsel and the court each response to a request for admission must set forth the request in full to which answer or objection is being made. See the parallel amendment made to Rule 33(a) relating to interrogatories.
Advisory Committee’s Note — October 1, 1970
Rule 36 is extensively amended for the purpose of making requests for admission more effective in narrowing issues and facilitating proof. The principal revisions of Rule 36(a) are the following:
1. The matter requested to be admitted may relate to statements or opinions of fact or of application of law to fact. Thus, the requirement that the matters be “of fact” only is eliminated.
2. A party may not object to a request for admission merely because he believes that it involves a genuine issue for trial.
3. The answering party is required to make a reasonable inquiry and secure such information and knowledge as are readily obtainable by him.
4. The requirement that the answer to a request for admission be sworn to is eliminated. New Rule 37(c) is believed to furnish an appropriate deterrent to false answers.
5. Changes in the mechanics of this discovery device are made to conform to the new mechanics in Rules 33 and 34, as follows:
a. The time for response is lengthened from 10 to 30 days with the added provision that a defendant in no event is required to respond in less than 45 days after service of the summons and complaint upon him.
b. Because of the longer time for responding, any requirement of leave of court for service of a request for admission is eliminated.
c. The present requirement that the objecting party move automatically for a hearing on his objection is eliminated and the burden is put on the requesting party to move for an order. However, no change is made in the present law placing the burden of persuasion on the objecting party.
6. Amended Rule 36(a) provides for the first time that the court in advance of the trial will on motion scrutinize the answers and if it finds them defective may either rule that the matter stands as admitted or order that an amended answer be served.
Rule 36(b) is amended to declare, as the rule previously did not, that any matter admitted under the rule is conclusively established for the purposes of the pending action unless the court on motion permits withdrawal or amendment of the admission.
Reporter’s Notes — December 1, 1959
This rule is substantially the same as Federal Rule 36. The present Equity Rule 25 in Maine provides a similar device for discovering whether the adverse party admits the genuineness of documents. There is no counterpart in Maine practice for admission of facts. The purpose is to save the time and expense of offering proof of matters put in issue by the pleading but as to which there is no genuine controversy. A party whose refusal to admit is found to be unreasonable may be ordered to pay his adversary’s expenses in making proof in accordance with Rule 37(c).
Plain-English Summary
A request for admission asks the other side to concede a specific point — a fact, an application of law to fact, or that a document is genuine — so the parties don't have to spend trial time proving things that aren't really contested. Anything requested is deemed admitted unless the responding party serves a written answer or objection within 30 days (45 for a defendant just served). A denial has to address the substance of what's asked rather than dodge it on a technicality, and a party can qualify or deny only part of a request when good faith calls for that. Lack of information isn't an excuse to refuse to admit or deny unless the party states it made a reasonable inquiry and still can't get enough information to respond. Importantly, a party can't object to a request just because it covers an issue that's really in dispute — the proper response there is to deny it or explain why it can't be admitted or denied. Either side can ask the court to rule on whether an answer or objection is adequate, and the court can order a better answer, deem the matter admitted, or put off resolving it until a pretrial conference or a set point before trial.
An admission made this way is conclusively established for the rest of the case unless the court allows it to be withdrawn or amended, weighing whether that would serve a fair resolution on the merits without unfairly prejudicing the party who relied on the admission. And an admission made under Rule 36 counts only in the pending action — it 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 time?
The matter is automatically deemed admitted and is conclusively established for the rest of the case.
Can a party object to a request for admission just because it covers a disputed issue?
No — that alone is not a valid objection. The proper response is to deny the matter or explain in detail why the party can't truthfully admit or deny it.
Can an admission made under Rule 36 be used in a different lawsuit?
No, an admission made under Rule 36 is for the pending action only and cannot be used against that party in any other proceeding.