Group V: Depositions and Discovery · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 36 lets a party serve written requests asking another party to admit facts, legal-to-factual conclusions, or the genuineness of documents, with each matter deemed admitted unless answered or objected to within the rule's deadline, subject to a 20-request cap absent leave of court.
(a)Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in 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. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.
Each matter of which an admission is requested shall be separately set forth. 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 or as stipulated in writing by the parties pursuant to Rules 29 and 6(b), the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his 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 upon him. 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 his answer or deny only a part of the matter of which an admission is requested, he 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 he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him 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; he may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why he cannot admit or deny it.
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 pre-trial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.
(b)Effect of Admission . Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a pre-trial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admissions fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by him for any other purpose.
(c)Limitation. A party may serve on any other party more than one set of requests to admit, but the total number of all requests to one party shall not exceed twenty requests, including subparts, except by leave of court upon good cause shown. Requests to admit the genuineness of documents or tangible things are not limited to any number of documents or things.
Notes
Note to 2001 Amendment: The second sentence of the second paragraph of Rule 36(a) is amended to reflect the change in Rule 29 allowing the parties, under certain circumstances, to stipulate to extensions.
Note: This is the language of current Federal Rule 36, as well as substantially the language of Circuit Court Rule 89, with the addition of the limitation in 36(c) which is new matter.
Plain-English Summary
A request for admission is not discovery in the sense of digging up new facts. It is a tool for narrowing a case down to what is truly contested. One party asks another to admit a fact, a legal-to-factual conclusion, or that a document is genuine, and no court permission is needed to serve the requests. A plaintiff can be served once the action begins; other parties can be served with or after the summons and complaint.
The response clock matters. A party generally has 30 days to answer or object to each request, though the court can shorten or lengthen that window, or the parties can stipulate to a different one. Defendants get a floor: they cannot be forced to respond before 45 days have passed since they were served with the summons and complaint. Silence is costly — a matter not timely answered or objected to is deemed admitted. An answering party cannot deny a request just because it presents a genuine issue for trial; it has to admit, deny, qualify, or explain in good faith why it cannot do either, and a claim of ignorance only works if the party has made a reasonable inquiry first.
Whatever gets admitted under Rule 36 is conclusively established for that case, though a court can allow withdrawal or amendment if doing so serves the merits and does not prejudice the party who relied on the admission. Nothing admitted under the rule carries over to any other proceeding.
Rule 36(c) caps the tool itself: a party cannot send more than 20 total requests to admit to any one party, counting subparts, without the court's permission. That cap does not apply to requests asking a party to admit the genuineness of documents or tangible things — those can be as numerous as the case requires.
Frequently Asked Questions
What happens if I never respond to a request for admission?
The matter is deemed admitted. Rule 36(a) treats an unanswered, unobjected-to request as admitted once the response deadline passes.
Can a request for admission ask about legal conclusions?
It can ask a party to admit the application of law to fact, not pure abstract legal questions. Rule 36(a) covers facts, opinions of fact, and the application of law to fact, along with the genuineness of documents.
How many requests for admission can I serve?
No more than 20 total, including subparts, without leave of court — except that requests asking a party to admit a document or object is genuine are not subject to that cap.
Can an admission be taken back later?
Only with the court's permission, and only where allowing withdrawal or amendment serves the merits of the case without unfairly prejudicing the party who obtained the admission.
Does an admission in one case bind me in a different lawsuit?
No. Rule 36(b) limits any admission to the pending action; it is not an admission for any other purpose.
If I deny something I should have admitted, what can happen?
Rule 37(c) allows the requesting party, after proving the fact or document genuine at trial, to ask the court to make the other side pay the expenses of that proof, including attorney's fees.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as:RFArequests for admission South Carolinarequest to admit SCdeemed admitted rulegenuineness of documents request