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Rule 45.Requests for Admission

Current through June 1, 2026 · Last verified July 11, 2026

In one sentenceRule 45 lets a party ask another party to admit or deny specific facts, the application of law to facts, or the genuineness of documents, and treats an unanswered request as admitted after 30 days.

Full Text of Rule 45

Text sizeJump to: A. B. C. D. E. F.

A. REQUEST FOR ADMISSION After commencement of an action, a party may serve on any other party a request for the admission by the latter of the truth of relevant matters within the scope of Rule 36 B. specified in the request, including facts or opinions of fact, or the application of law to fact, or of the genuineness of any relevant documents or physical objects described in or exhibited with 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. Each matter of which an admission is requested shall be separately set forth. The request may, without leave of court, be served on the plaintiff after commencement of the action and on any other party with or after service of the summons and complaint on that party. The request for admissions shall be preceded by the following statement printed in capital letters in a font size at least as large as that in which the request is printed: "FAILURE TO SERVE A WRITTEN ANSWER OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B. WILL RESULT IN ADMISSION OF THE FOLLOWING REQUESTS."
B. RESPONSE 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 on the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney; but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint on that defendant. 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 the answer or deny only a part of the matter of which an admission is requested, the party 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 the answering party states that reasonable inquiry has been made and that the information known or readily obtainable by the answering party is insufficient to enable the answering party 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; the party may, subject to the provisions of Rule 46 C., deny the matter or set forth reasons why the party cannot admit or deny it.
C. MOTION TO DETERMINE SUFFICIENCY 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 designated time prior to trial. The provisions of Rule 46 A.(4) apply to the award of expenses incurred in relation to the motion.
D. EFFECT OF ADMISSION Any matter admitted pursuant to this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. The court may permit withdrawal or amendment when the presentation of the merits of the case will be furthered and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining that party's case or that party's defense on the merits. Any admission made by a party pursuant to this rule is for the purpose of the pending action only, and neither constitutes an admission by that party for any other purpose nor may be used against that party in any other action.
E. FORM OF RESPONSE The request for admissions shall be so arranged that a blank space shall be provided after each separately numbered request. The space shall be reasonably calculated to enable the answering party to insert the admissions, denials, or objections within the space. If sufficient space is not provided, the answering party may attach additional papers with the admissions, denials, or objections and refer to them in the space provided in the request.
F. NUMBER
(1) Generally. Excluding requests identified in subsection F.(2) of this rule, a party may serve more than one set of requested admissions on an adverse party but the total number of requests shall not exceed 30, unless the court otherwise orders for good cause shown after the proposed additional requests have been filed. In determining what constitutes a request for admission for the purpose of applying this limitation in number, it is intended that each request be counted separately, whether or not it is subsidiary or incidental to or dependent upon or included in another request, and however the requests may be grouped, combined, or arranged.
(2) Requests related to admissibility of business records. Notwithstanding subsection F.(1) of this rule, and in addition to any requests made under that subsection, a party may serve a reasonable number of additional requests for admission to establish the authenticity and admissibility of documents under ORS 40.460 (6) (Rule 803(6) of the Oregon Evidence Code).

Amendment History

[CCP 12/2/78; §§ A, B amended by 1979 c.284 §§ 29, 30; §§ A, B, D, F amended by CCP 12/3/16 eff. 1/1/18]

Plain-English Summary

A request for admission asks the other side to concede a specific point so nobody has to spend trial time proving it. Rule 45 lets any party, after the case begins, ask another party to admit the truth of a relevant matter within Rule 36 B’s discovery scope — a fact, an opinion about a fact, how the law applies to a fact, or whether a document or object is genuine. Each matter has to stand as its own separately numbered request, copies of any document at issue have to go along with it unless the other side already has them, and the request itself must open with a capitalized warning telling the recipient, in plain terms, that silence equals admission.

That warning is not decoration. Under Rule 45 B, a matter is deemed admitted unless the party served responds in writing within 30 days, though a defendant gets extra time: no defendant has to answer or object before 45 days after being served with the summons and complaint. A real response either denies the matter outright or explains in detail why the party can neither admit nor deny it; a party cannot dodge with a claim of ignorance unless they say they made a reasonable inquiry and still could not find out. Believing that a fact is disputed is not, by itself, a valid objection — the rule expects the party to deny it and let the case sort out whether the dispute is real. Rule 45 F caps the total number of requests at 30 absent a court order allowing more, though requests aimed at authenticating business records under the Oregon Evidence Code do not count against that limit.

An admission made under this rule is not a casual concession — it is conclusively established for the rest of the case unless the court later allows it to be withdrawn or amended, and even then only if doing so helps resolve the case on the merits without unfairly prejudicing the party who obtained it. If a party thinks the answers it received are evasive or incomplete, Rule 45 C lets it ask the court to rule on their sufficiency, with cost-shifting available under Rule 46 A(4). And denying something that later turns out to be true is not free: Rule 46 C lets the party who had to prove the point recover the reasonable expense of proving it, including attorney fees, unless the denial had a legitimate basis.

Frequently Asked Questions

What can a request for admission ask me to admit?

Any relevant matter within Rule 36 B’s discovery scope: a fact, an opinion about a fact, how the law applies to a fact, or whether a document or physical object is genuine. Rule 45 A requires each matter to be set out as its own separately numbered request, with copies of any document in question attached unless you already have them.

How many days do I have to respond to a request for admission in Oregon?

Generally 30 days after service of the request, unless the court sets a shorter or longer time. If you are a defendant, though, you cannot be required to answer or object before 45 days after you were served with the summons and complaint, even if the request arrived earlier. Miss the deadline that applies to you, and the matter is admitted automatically — no court order needed.

Can I object to a request just because it covers a disputed fact?

No. Rule 45 B says a party may not object solely on the ground that the requested admission presents a genuine issue for trial. If you think the fact is disputed, the rule expects you to deny it, or explain in detail why you can neither admit nor deny it, rather than object.

Is there a limit on how many requests for admission I can serve?

Yes. Rule 45 F(1) caps the total at 30 per adverse party, counting each request separately no matter how the requests are grouped or how minor some of them are, unless the court allows more for good cause. Rule 45 F(2) carves out an exception: additional requests aimed only at establishing the authenticity of business records do not count toward that 30-request limit.

What happens if I deny something that turns out to be true?

The other party can ask the court, under Rule 46 C, to order you to pay the reasonable expenses — including attorney fees — it took to prove the point at trial. The court will make that order unless your objection was justified, the admission was not substantially important, you had reasonable grounds to think you would prevail on the issue, or you had some other good reason for denying it.

Source & verification. The rule text is reproduced verbatim from the official Oregon Rules of Civil Procedure (ORCP 45). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. · Official source
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