Group V: Depositions and Discovery · Last amended January 1, 2018 · Last verified July 14, 2026
In one sentenceRule 36 lets a party serve written requests asking another party to admit the truth of facts, opinions of fact, or the application of law to fact, and treats an unanswered request as admitted.
(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 a Superior Judge may allow, 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 the party’s attorney, but, unless the judge shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 42 days after service of the summons and complaint upon that defendant. The request being addressed shall be reproduced before the objection or answer. 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 an 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 party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the 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 37(c), deny the matter or set forth reasons why the party 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 Presiding Judge determines that an objection is justified, the judge shall order that an answer be served. If the judge determines that an answer does not comply with the requirements of this rule, the judge may order either that the matter is admitted or that an amended answer be served. The judge may, in lieu of these orders, determine that final disposition of the request be made at a pretrial 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 pretrial 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 admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the 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 the party for any other purpose nor may it be used against the party in any other proceeding.
Notes
Reporter’s Notes—2018 Amendment: Rule 36(a) is amended to change its 45-day time period to 42 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.
Reporter’s Notes—1985 Amendment: Rule 36 is amended to require that answers or objections to requests to admit repeat the request involved before the response. The requirement aids the court and the proponent of the request. See Reporter’s Notes—1985 Amendment to Rule 33. This amendment will also apply in district court. See District Court Civil Rule 36.
Reporter’s Notes: This rule carries forward the provisions of 12 V.S.A. §§ 1265-1266 (now superseded), with changes based on the 1970 federal amendments. The Vermont statutes were based on former Federal Rule 36 but contained two important differences which are embodied in the amended federal rule and the new Vermont rule. 12 V.S.A. § 1265 did not require leave of court when plaintiff sought admissions within 10 days after commencement of the action, because requests could be filed only after issue was joined. Under Rule 36(a) a request may be served upon a defendant with or after service of the summons and the complaint, and defendant has 45 days thereafter in which to respond. Thus, like the statute, the rule combines extrajudicial operation with protection for the unrepresented defendant. See Reporter’s Notes to Rules 33, 34. The statute also did not require the responding party to notice his objections for hearing, putting the burden upon the party seeking the admissions to seek an order compelling admission under 12 V.S.A. § 1267 (now superseded). A similar self-operating feature is embodied in the final paragraph of Rule 36(a). An important clarification is made in the first sentence of Rule 36(a), which now expressly provides that admissions may be requested as to “statements or opinions of fact or of the application of law to fact.” This language aids the issue-narrowing function of admissions by resolving problems in the federal cases over the dividing line between “fact” and “opinion” and the applicability of the rule to mixed questions of law and fact. Abuse of the new provision that impinges upon any attorney’s work product may be controlled under the doctrine of Hickman v. Taylor, 329 U.S. 495 (1947). See Reporter’s Notes to Rules 26(b)(3), 33. Rule 36(a) also makes clear that if a party feels that a request for admission involves a matter that is in issue his proper course is to answer, denying the matter or giving reasons why he can neither admit nor deny it. Under Rule 37(c) no sanctions will be applied if the matter is proved against the party, because the existence of a genuine issue constitutes good reason for refusal to admit. Rule 36(a) also imposes on a party who has no information the burden of making reasonable inquiry. The requirement of reasonableness must be understood as stopping short of forcing the admitting party to prove his opponent’s case. The requirement of 12 V.S.A. § 1265 and former Federal Rule 36 that the answer be sworn has been eliminated in light of the extension of the rule to matters other than fact. Rule 37(c), rather than the oath, supplies the sanction for false answers. The final paragraph of Rule 36(a) gives the Presiding Judge the flexibility to treat a defective answer as an admission or to permit an amended answer. Rule 36(b) makes clear that an admission is binding (for purposes of the pending action only) unless it is withdrawn or amended with leave of court granted in the interests of justice. The party securing the admission must be able to count on it if he is to avoid the expense of proving the matter admitted. The final sentence of the subdivision is virtually identical to 12 V.S.A. § 1266. A form of Request for Admission is included as Official Form 25 in the Appendix of Forms.
Rule 36 lets a party serve a written request asking any other party to admit, for purposes of that action only, the truth of matters within the scope of Rule 26(b) that relate to statements or opinions of fact or the application of law to fact, including whether described documents are genuine. Copies of any documents at issue must go along with the request unless they have already been furnished or made available. As with interrogatories and production requests, a request for admission may reach a plaintiff after the action begins and any other party with or after service of the summons and complaint, without needing the court's permission.
Each matter must be set out separately, and it is admitted unless, within 30 days — or 42 days for a defendant, measured from service of the summons and complaint, unless a judge shortens the time — the party addressed serves a written answer or objection. The answer must specifically deny the matter or explain in detail why the party can neither truthfully admit nor deny it, and a partial denial must specify what is true and qualify or deny the rest. A party cannot plead lack of knowledge as an excuse unless it has made reasonable inquiry and the information reasonably available still is not enough to answer, and a party cannot object solely because the matter presents a genuine issue for trial.
If the requesting party thinks an answer or objection falls short, it may move to test its sufficiency; the presiding judge orders a proper answer served unless the objection is justified, or may deem the matter admitted or order an amended answer if the existing answer does not comply. Once a matter is admitted under this rule, it is conclusively established for that action unless the court permits withdrawal or amendment on a motion showing that doing so serves the merits without prejudicing the party who obtained the admission. An admission made under Rule 36 is good only in the pending action and cannot be used against the admitting party in any other proceeding.
Frequently Asked Questions
What kinds of matters can a request for admission cover?
Matters within the scope of Rule 26(b) that relate to statements or opinions of fact or the application of law to fact, including whether documents described in the request are genuine.
What happens if a party never responds to a request for admission?
The matter is admitted automatically unless the party serves a written answer or objection within 30 days after service of the request, or within 42 days after service of the summons and complaint if the party is a defendant, absent a different deadline set by a superior judge.
Can a party deny a request for admission just because it presents a genuine issue for trial?
No. A party who believes a matter presents a genuine issue for trial may not object on that ground alone; the party may instead deny the matter or explain in detail why it cannot be admitted or denied.
What happens once a matter is admitted under Rule 36?
It is conclusively established for purposes of the pending action unless the court, on motion, permits the admission to be withdrawn or amended, and even then only if doing so serves the merits and does not prejudice the party who obtained the admission.
Can an admission made under Rule 36 be used in a different lawsuit?
No. An admission made under this rule is for the purpose of the pending action only; it is not an admission by the party for any other purpose and cannot be used against that party in any other proceeding.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as:requests for admissionRFArequest to admitvrcp 36admissions vermont discovery