Group V: Depositions and Discovery · Last amended March 1, 2018 · Last verified July 15, 2026
In one sentenceRule 36 lets a party serve written requests asking another party to admit facts, the application of law to fact, opinions, or document genuineness, and treats a matter as admitted unless the responding party serves a specific denial or objection within 30 days (45 for a defendant answering with the summons and complaint).
(1)Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b) relating to:
(A)facts, the application of law to fact, or opinions about either; and
(B)the genuineness of any described documents.
(2)Form; Copy of a document; Timing. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise made available for inspection and copying. A party may serve the request on the plaintiff after commencement of the action and on any other party after service of the summons and complaint on it.
(3)Time to respond; Effect of not responding. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A defendant is not required to serve its answer or any objections until 45 days after service of the summons and complaint on it. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court.
(4)Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of information or knowledge as a reason for failing to admit or deny only if a party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.
(5)Objections. The grounds for objecting to a request must be stated.
(6)Matter presenting a trial issue. A party must not object to a request solely on the ground that it presents a genuine issue for trial. The party may deny the matter or state why it cannot admit or deny.
(7)Motion regarding the sufficiency of an answer or objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. On finding that an answer does not comply with this rule, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until a pretrial conference or a specified time before trial. Rule 37(a)(4) applies to an award of expenses.
(b)Effect of an admission; Withdrawing or amending it. A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to Rule 16, the court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this rule is not an admission for any other purpose and cannot be used against the party in any other proceeding.
(c)Signature. The person who responds to the request must sign the response, and the attorney who objects must sign any objections.
Explanatory Note
Rule 36 was amended, effective March 1, 1990; March 1, 1997; March 1, 2011; March 1, 2018. Rule 36 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Subdivision (c) was added, effective March 1, 2018, to require the person who responds to a request for admission to sign the response document and for an attorney who makes objections to sign the objections.
Plain-English Summary
A request for admission asks the other side to concede a point so the parties do not have to spend time and money proving it at trial. Rule 36(a) lets a party serve a written request, for purposes of the pending action only, asking another party to admit the truth of facts, the application of law to fact, opinions about either, or the genuineness of a described document — with a copy of that document attached unless it has already been made available for inspection. Each matter requested must be stated separately, and a party can serve the request on the plaintiff once the action begins and on any other party once that party is served with the summons and complaint.
The consequence for silence is severe: under Rule 36(a)(3), a matter is admitted unless the party to whom it was directed serves a written answer or objection, signed by the party or its attorney, within 30 days after being served — or within 45 days for a defendant responding along with the summons and complaint. When a party does respond, Rule 36(a)(4) requires more than a bare denial; the answer must specifically deny the matter or explain in detail why the party cannot truthfully admit or deny it, respond directly to the substance of what was asked, and — if only part of the matter is true — admit that part while denying or qualifying the rest. A party may plead lack of information only after making a reasonable inquiry and finding that what it knows or can readily learn is not enough to answer.
Rule 36(a)(6) forecloses one common objection: a party cannot object to a request solely because it touches a genuine issue for trial; the proper response is to deny it or explain why it cannot be admitted or denied. If the requesting party thinks an answer or objection falls short, Rule 36(a)(7) lets it move to test the sufficiency of the response, and the court can order a better answer, deem the matter admitted, or defer its ruling until a pretrial conference or a set time before trial. Once a matter is admitted under this rule, Rule 36(b) makes it conclusively established in that action — though the court may allow withdrawal or amendment if doing so would help resolve the case on the merits without prejudicing the party who requested the admission — and an admission under this rule cannot be used against the party in any other proceeding.
Frequently Asked Questions
What is North Dakota's requests for admission rule?
Rule 36 lets a party serve written requests asking another party to admit facts, the application of law to fact, opinions about either, or the genuineness of a specific document, for purposes of that lawsuit only.
What is the North Dakota RFA deadline to respond?
Rule 36(a)(3) gives the responding party 30 days after being served to answer or object in writing. A defendant responding to requests served with the summons and complaint gets 45 days instead, unless the parties stipulate to a different time or the court orders one.
What happens if I miss the deadline to respond to a request for admission?
The matter is deemed admitted. Rule 36(a)(3) states that a matter is admitted unless the responding party serves a written answer or objection addressed to it within the required time.
Can I object to a request for admission just because it raises an issue that should go to trial?
No. Rule 36(a)(6) specifically bars objecting to a request solely on the ground that it presents a genuine issue for trial. The proper response is to deny the matter or explain why it can be neither admitted nor denied.
Once I admit something under Rule 36, is that final?
Within that lawsuit, yes, unless the court allows withdrawal or amendment. Rule 36(b) makes an admission conclusively established in the pending action but says it is not an admission for any other purpose and cannot be used against the party in a different proceeding.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
Also known as:nd requests for admission rulenorth dakota rfa deadline to respondrequest for admission deemed admitted north dakotagenuineness of document request nd