Rule 36.Requests for Admission.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 36
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) allows a written request that another party admit, for purposes of the pending action only, the truth of any matter within the scope of Rule 26(b) that relates to statements or opinions of fact, or to the application of law to fact, including whether a described document is genuine. Copies of the documents are served with the request unless they have already been furnished or made available for inspection and copying. The request may be served on the plaintiff after the action is commenced, and on any other party with or after service of the summons, complaint, Language Assistance Notice and all other required documents.
The deadline does the work. Each matter is set out separately, and each one is admitted unless, within thirty days after service, the answering party serves a written answer or objection addressed to that matter, signed by the party under oath. Unless the court shortens the time, a defendant cannot be required to serve answers or objections before forty-five days have run from service of the summons, complaint, Language Assistance Notice and all other required documents. The court may also allow a shorter or longer period. Missing the date is not a technicality here — silence produces an admission.
The answer itself has standards. A denial must meet the substance of what was requested, and a party who can admit part must specify what is true and qualify or deny the remainder. Lack of information is no answer unless the party states that it has made reasonable inquiry and that the information known or readily obtainable is insufficient to admit or deny. A party may not object on the sole ground that the matter presents an issue for trial; it may deny the matter or set out why it cannot admit or deny, subject to Rule 37(c). The requesting party may move to determine the sufficiency of answers or objections, and the court may order an answer served, order the matter admitted, order an amended answer, or send final disposition to a pre-trial conference. Rule 37(a)(4) governs expenses on that motion.
Subdivision (b) explains why these requests carry weight. A matter admitted is conclusively established unless the court on motion permits withdrawal or amendment. Subject to Rule 16, which governs amendment of a pre-trial order, the court may permit withdrawal or amendment when presentation of the merits will be promoted by it and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice it in maintaining its action or defense. The admission belongs to this case alone: it is not an admission for any other purpose and may not be used against the party in another proceeding, except in a later action between the same parties involving the same claim.
Frequently Asked Questions
What happens if I ignore a request for admission?
The matter is admitted. Subdivision (a) treats each requested matter as admitted unless a written answer or objection addressed to it, signed by the party under oath, is served within thirty days after service of the request or within whatever other time the court allows.
How long does a defendant have to answer requests for admission?
The general period is thirty days after service of the request. But unless the court shortens the time, a defendant cannot be required to serve answers or objections before forty-five days have run since service of the summons, complaint, Language Assistance Notice and all other required documents.
Can I take back an admission I made by mistake?
Only with the court's permission, on motion. Subject to Rule 16 on amending a pre-trial order, subdivision (b) lets the court permit withdrawal or amendment where presentation of the merits will be promoted by it and the party who obtained the admission fails to satisfy the court that this would prejudice it in maintaining its action or defense.
What if I do not know whether something is true?
A party may not give lack of information or knowledge as a reason unless it states that it has made reasonable inquiry and that the information known or readily obtainable by it is insufficient to enable it to admit or deny. Where part of the matter is true, that part is admitted and the remainder qualified or denied.
Can an admission in my divorce case be used against me somewhere else?
An admission under this rule is for the purpose of the pending action only and is not an admission for any other purpose. It may not be used against you in any other proceeding, except in a subsequent action between the same parties involving the same claim.