Rule 28.Requests for Admissions
Group V: Discovery · Last amended January 1, 2018 · Last verified July 14, 2026
Full Text of Rule 28
Amendment History
Adopted May 22, 2013, eff. October 1, 2013; amended July 24, 2014, eff. September 1, 2014; October 18, 2017, eff. January 1, 2018.
2017: The 2017 amendment, in (a)(i), substituted "serve an original request therefor, accompanied by any documents involved" for "file an original request therefor with the court, accompanied by any documents involved, and deliver a copy of such request and documents" in the first sentence and substituted "serves a copy thereof" for "files with the court and delivers a copy thereof by mail or in hand" in the last sentence; substituted "serve notice on the opposing party" for "file a notice" in (a)(ii); and made a related change.
2014: The 2014 amendment added the (a)(i) designation and added (a)(ii).
Plain-English Summary
Rule 28 lets a party ask an opposing party to admit the signature or genuineness of a document, or the truth of a fact the requesting party believes is not in dispute. A party can serve this kind of request, along with any documents involved, starting 30 days after the defendant is served with the Summons and Complaint, and does not need the court's permission to do so. Each matter in the request is deemed admitted unless, within 30 days of service, the responding party serves back a sworn denial or a written objection based on privilege or some other impropriety. A separate provision covers signatures and endorsements on written instruments a party has sued or defended on: those are treated as admitted unless the party disputing them gives notice of the dispute within 30 days after the defendant files its Answer.
If a party objects to only part of a request, it must still answer the rest within the deadline, and if good faith requires qualifying an answer or denying only part of a matter, the party must specify what it admits as true and qualify or deny the remainder. Denying a fact or signature in bad faith or without good reason, when the other side later proves it, or requesting an admission in bad faith and then failing to prove it, can lead the court to order the losing party to pay the reasonable expenses, including counsel fees, that the proof or denial cost the other side.
Frequently Asked Questions
When can a party serve requests for admission under Rule 28?
Starting 30 days after the defendant is served with the Summons and Complaint, without needing leave of court.
What happens if the responding party does not answer a request for admission?
Each matter is deemed admitted unless, within 30 days of service, the responding party serves a sworn denial or a written objection based on privilege or other impropriety.
How does Rule 28 handle signatures on written instruments a party sued or defended on?
Rule 28(a)(ii) treats those signatures and endorsements as admitted automatically unless the disputing party serves notice of the dispute within 30 days after the defendant files its Answer; Rule 28 cross-references Rule 37(c) on this point.
Can a party object to only part of a request for admission?
Yes. Rule 28(b) requires the party to answer the rest of the request within the deadline, and if good faith calls for qualifying an answer or denying only part of a matter, the party must specify what it admits and qualify or deny the remainder.
What is the penalty for a bad-faith denial or a bad-faith request that fails?
Rule 28(c) lets the court order a party who denies a fact or signature without good reason or in bad faith, and it is later proved true, or who requests an admission without good reason or in bad faith and fails to prove it, to pay the other side's reasonable expenses, including counsel fees, incurred in proving the matter or opposing the request.