Rule 36.Requests for admission; effect of admission.
Last amended 1987 · 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 a document, and treats the matter as admitted if no timely, proper response is served.
(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. If the request is served with service of the summons and complaint, the summons shall so state. 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 60 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 the provisions of Rule 37(c), deny the matter or set forth reasons why he cannot admit or deny it. There shall be sufficient space following each request in which the respondent may state the response. The respondent shall:
(1)State the response in the space provided, using additional pages if necessary; or
(2)Restate the request to be followed by the response. An objection to a request shall be made by stating the objection and the reason therefor either in the space following the request or following the restated request. 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.
(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 him in maintaining his action or defense on the merits. Any admission made by a party under this rule is for the purpose of 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.
Amendment History
(1967, c. 954, s. 1; 1975, c. 762, s. 2; 1981, c. 384, ss. 1, 2; 1987, c. 613, s. 3.)
Plain-English Summary
Rule 36(a) lets a party serve a written request that another party admit, for that action only, the truth of facts, opinions, or applications of law to fact within Rule 26(b)'s scope, or the genuineness of documents described in the request (copies must be served unless already available). The request may be served on the plaintiff after the action starts, or on anyone else with or after the summons and complaint (with the summons noting that fact if served together). A matter is admitted unless, within 30 days (60 days for a defendant served along with the summons and complaint), the responding party serves a written answer or objection -- extendable by the court. An answer must specifically admit or deny the matter, or explain in detail why the party can't truthfully do either; a denial must meet the substance of the request head-on, and a party who must, in good faith, admit only part of a matter has to specify what's true and qualify or deny the rest. A party can't cite lack of knowledge as a reason to avoid answering unless it states it made reasonable inquiry and still lacks enough information to admit or deny, and can't object solely because the matter presents a genuine trial issue -- it must instead deny it or explain why it can't. Responses may either answer in the space provided or restate the request first. The requesting party may move to test the sufficiency of answers or objections; the court orders a proper answer unless an objection is justified, may deem a noncompliant matter admitted or require an amended answer, or may defer final resolution to a pretrial conference or another set time, with Rule 37(a)(4)'s expense-shifting applying to the motion.
Rule 36(b) makes an admission under this rule conclusively established for that action only (not for any other purpose or proceeding) unless the court permits withdrawal or amendment -- allowed when it would serve the merits and the party who obtained the admission can't show prejudice to its case or defense, subject to Rule 16's standard for amending a pretrial order.
Frequently Asked Questions
What happens if a party never responds to a request for admission?
The matter is deemed admitted -- Rule 36(a) treats silence past the deadline (30 days, or 60 days for a defendant served with the summons and complaint) as an admission.
Can a party refuse to admit or deny something just because it's disputed at trial?
No. Rule 36(a) says a party can't object to a request solely because the matter presents a genuine issue for trial -- it must instead deny the matter or explain why it can't admit or deny it.
Can an admission made under Rule 36 be used in a different lawsuit?
No. Rule 36(b) limits an admission to the pending action only; it isn't an admission for any other purpose and can't be used against the admitting party in another proceeding.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 36). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:request for admissiondeemed admittedadmission of genuineness of documents30 day response to admission requestwithdrawing an admissionmotion to determine sufficiency of admission answersrequests to admit facts