Rule 36.Requests for Admission.
Current through February 2024 · Last verified July 8, 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
Rule 36 requests for admission ask another party to admit or deny specific matters — facts, opinions, how the law applies to the facts, or whether a document is genuine — within the scope of discovery. Copies of any documents at issue go along with the request unless they have already been made available. Like other discovery requests, this one can reach the plaintiff as soon as suit is filed and any other party once served.
Each matter has to be listed separately, and it is deemed admitted unless the responding party serves a written answer or objection within thirty days, though a defendant gets forty-five days from being served with the summons and complaint. An answer must specifically deny the matter or explain in detail why the party can neither admit nor deny it; a partial denial has to say what part is true and qualify or deny the rest. A party cannot dodge by claiming ignorance unless it has made reasonable inquiry and still lacks enough information to answer, and cannot object merely because the matter presents a genuine issue for trial.
If the requesting party thinks the answers or objections are inadequate, it can move the court to rule on their sufficiency. Unless the court finds an objection justified, it will order an answer served; and if an answer does not comply with the rule, the court can deem the matter admitted or require an amended answer — and it can instead push the issue to a pretrial conference. Expenses on that motion follow the same rules as a motion to compel under Rule 37(a).
An admission made under Rule 36 is conclusively established unless the court allows it to be withdrawn or amended, which it will do only when that serves the merits and does not prejudice the party who obtained the admission. Importantly, an admission only binds the party in that case — it cannot be used against the party in a different proceeding, except a later suit between the same parties over the same claim.
Frequently Asked Questions
What happens if I miss the deadline to respond to a request for admission?
The matter is automatically deemed admitted. A party has thirty days to answer or object, though a defendant gets forty-five days from being served with the summons and complaint, and missing that window without a court extension locks the admission in.
Can I take back an admission after it's made?
Only with the court’s permission. The court will allow withdrawal or amendment when it would help resolve the case on the merits and the party who relied on the admission would not be unfairly prejudiced.
Can an admission from this case be used against me in a different lawsuit?
No. An admission made under Rule 36 is limited to the pending action and cannot be used against the admitting party in any other proceeding, except a later case between the same parties on the same claim.