(a) Notice to Admit; Admission Unless Denied or Denial Excused. At any time after service of the answer or after the expiration of twenty days from service of the summons, whichever is sooner, and not later than twenty days before the trial, a party may serve upon any other party a written request for admission by the latter of the genuineness of any papers or documents, or the correctness or fairness of representation of any photographs, described in and served with the request, or of the truth of any matters of fact set forth in the request, as to which the party requesting the admission reasonably believes there can be no substantial dispute at the trial and which are within the knowledge of such other party or can be ascertained by him upon reasonable inquiry. Copies of the papers, documents or photographs shall be served with the request unless copies have already been furnished. Each of the matters of which an admission is requested shall be deemed admitted unless within twenty days after service thereof or within such further time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters. If the matters of which an admission is requested cannot be fairly admitted without some material qualification or explanation, or if the matters constitute a trade secret or such party would be privileged or disqualified from testifying as a witness concerning them, such party may, in lieu of a denial or statement, serve a sworn statement setting forth in detail his claim and, if the claim is that the matters cannot be fairly admitted without some material qualification or explanation, admitting the matters with such qualification or explanation.
§ 3123.Admissions as to matters of fact, papers, documents and photographs.
Article 31. Disclosure · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3123 lets a party demand that another party admit the genuineness of documents or photographs, or the truth of specific undisputed facts, with matters deemed admitted after twenty days unless denied or excused, and cost-shifting available for unreasonable denials later proven true.
Full Text of CPLR 3123
(b) Effect of Admission. Any admission made, or deemed to be made, by a party pursuant to a request made under this rule is for the purpose of the pending action only and does not constitute an admission by him for any other purpose nor may it be used against him in any other proceeding; and the court, at any time, may allow a party to amend or withdraw any admission on such terms as may be just. Any admission shall be subject to all pertinent objections to admissibility which may be interposed at the trial.
(c) Penalty for Unreasonable Denial. If a party, after being served with a request under subdivision (a) does not admit and if the party requesting the admission thereafter proves the genuineness of any such paper or document, or the correctness or fairness of representation of any such photograph, or the truth of any such matter of fact, he may move at or immediately following the trial for an order requiring the other party to pay him the reasonable expenses incurred in making such proof, including reasonable attorney’s fees. Unless the court finds that there were good reasons for the denial or the refusal otherwise to admit or that the admissions sought were of no substantial importance, the order shall be made irrespective of the result of the action. Upon a trial by jury, the motion for such an order shall be determined by the court outside the presence of the jury.
Plain-English Summary
Not every fact in a lawsuit deserves a fight. CPLR 3123 — the notice to admit — lets a party ask another to concede the genuineness of a document or photograph, or the truth of a specific fact, when there's no real basis to dispute it and the recipient has, or can reasonably get, the knowledge to answer. It can be served any time after the answer, or after twenty days from the summons, whichever comes first, but not within twenty days of trial.
Silence has teeth. Anything in the request counts as admitted unless the recipient serves a sworn response within twenty days that either denies the specific matters or explains in detail why it can't truthfully admit or deny them. A recipient who can't admit something outright without adding a qualification or explanation can do that instead of a flat denial — and the same goes for matters that touch a trade secret or that the recipient would be barred or privileged from testifying about.
An admission made this way only binds the party in the case where it was requested; it can't follow that party into some other proceeding, and the court can let a party amend or withdraw an admission on fair terms. But denying something you shouldn't have denied carries a price. If the requesting party later proves the fact or document true at trial, the court can order the other side to pay the reasonable cost — including attorney's fees — of proving what should have been conceded, unless the denial had good reason behind it or the admission wouldn't have mattered much anyway.
Frequently Asked Questions
What is a notice to admit in New York civil practice?
It's a written request under CPLR 3123 asking another party to admit the genuineness of a document or photograph, or the truth of a specific fact, when there's no real dispute about it.
What happens if I don't respond to a notice to admit?
Every matter in the request is deemed admitted unless you serve a sworn denial or explanation within twenty days of service.
When can a notice to admit be served in a New York lawsuit?
Any time after the answer is served, or after twenty days from service of the summons, whichever happens sooner, but not less than twenty days before trial.
Can I use a notice to admit to force my opponent to concede a disputed legal issue?
No. CPLR 3123 is meant for matters as to which there can be no substantial dispute at trial, not for truly contested facts or legal conclusions.
What happens if I deny something in a notice to admit and it turns out to be true?
The party who requested the admission can move at or after trial for the reasonable expenses, including attorney's fees, of proving that fact — unless the court finds you had good reason to deny it or the matter wasn't significant.
Can an admission from a notice to admit be used against me in a different lawsuit?
No. CPLR 3123(b) limits an admission to the pending action; it can't be used against the party in any other proceeding.
Can I qualify my answer instead of admitting or denying outright?
Yes. If a matter can't be admitted without some qualification or explanation, or touches a trade secret or privileged information, you can serve a sworn statement setting out that claim instead of a flat admission or denial.
Advisory Committee Notes
This section is similar to CPA § 322. Excision of the word “action” makes the procedure applicable to special proceedings as well as actions. If the hearing in a special proceeding is held before the time to respond has elapsed the court can decide whether a response is needed. Cf. 7 NY Jud Council Rep 314–15 (1941).
There has been some complaint about the former section, which did not permit an application before trial to determine whether a request or a refusal to admit was justified. The Judicial Council was aware of the problem but decided not to allow such applications. 7 NY Jud Council Rep 318–19 (1941). In one case brought to the advisory committee’s attention the response to a request to admit was the following: “That it cannot admit the matters set forth in said notice to admit for the reason that it is informed and believes that said matters are those upon which the plaintiff has the burden of proof and are not properly subject to a notice to admit.” Such a response should be treated by the trial court as an admission. Where this is typical of a party’s attitude towards disclosure, the provisions of the new CPLR afford protection by an application under §§ 3103(a), 3104 and 3126.
The time periods have been changed from not later than ten to not later than twenty days before the trial for service of the notice, and from “a period designated in the request, not less than eight days after the service thereof” to a flat twenty days for the response. Experience has indicated that the former period was too short and resulted only in requests for extensions, if it was not completely ignored.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1963, ch 532, § 19, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: notice to admit New Yorkrequest for admission New York lawsuitCPLR 3123 deemed admittedfailure to respond to notice to admit New Yorkcost of proving fact denied lawsuit New York