Instructions: Requests for Admissions

Posted on by

This packet provides general guidance about asking parties to admit that certain statements related to the case are true. This template provides guidance only. Using this template does not guarantee any result in your case.

WHEN TO MAKE REQUESTS FOR ADMISSIONS

  1. Figure out when you can first make requests. When the case was filed, the Clerk issued a document called an Initial Scheduling Order, which set the date of the Case Management Conference. Normally, you can serve discovery (such as these requests, requests for documents, or written questions) after this Conference, though the Court may set a different deadline at the Conference.
  2. Figure out the discovery deadline. After the Conference, the Court will send out an updated Scheduling Order setting the discovery “cutoff.” You must send your final set of admissions 33 days before the discovery cutoff (or hand-serve 30 days before).

HOW TO COMPLETE THIS REQUESTS FOR ADMISSION TEMPLATE

  • Fill in the case information. Fill in all blanks on the first page.
  • Section A: Write your requests to admit facts or arguments. Write simple requests for the other party to admit. For example, you can ask the other party to admit that a certain event happened, or did not happen, or to admit whether they have a certain opinion or are making a certain argument in this case. If this is not the first set of requests for admission you are sending to this party, renumber the requests, starting with the number you left off on last time. There is not a specific limit on the number of requests, but the other party may object if responding would cause an unfair burden.
  • Section B: Write your requests to admit the genuineness of documents. List and describe in order each document attached to the requests. As part of each description, state the document’s title (if there is one), the date of the document, and the number of pages. Put a sheet of paper with the attachment number, or a blank piece of paper, between each document.
  • Review, number the pages and sign. Read the entire document to make sure your requests are clear, focused on this case, and that you are not repeating any requests. If you are using only either Section A or Section B, discard the page you are not using. Count the number of pages (not including documents you are attaching). On each page, write in the page number and the total. Sign and date.
  • Prepare the Certificate of Service. Each document that you file must be “served” on each other party, usually by sending it in the mail. Follow the instructions on the Certificate of Service.
  • Mark your calendar. The responding party has 30 days (33 days if you serve by mail) to send you a written response.

SERVING YOUR REQUESTS

  1. Make copies. Once the documents are complete, make one copy for each party to the case.
  2. Serve the Requests. Be sure the Requests and Ce1tificate are served on each party. Do not send a copy to the Court.

TIMELINE: AFTER REQUESTS ARE SERVED

The timeline below lists what generally happens after Requests for Admission are served. The Legal Help Centers (see page 1) can provide guidance about these steps and have many other templates for you to use.

  • Requests served
  • Responding party provides written response to each request (30 days + 3 for mail)
  • If responding party objects or fails to respond, the requesting party follows up (immediately after due date)
  • Parties follow Judge’s rules for resolving disputes about discovery (ongoing, but no later than the “discovery cutoff”)

STAY UP TO DATE

  1. Update your contact information. File a notice with the Clerk right away if your address, email, or phone number changes, or you may miss impo11ant deadlines, causing you to lose your case.
  2. Check your mail. Be sure to check regularly for documents from the Court and opposing side.
  3. A list of all of the documents that have been filed, and (usually) the documents themselves can be viewed online.

UNDERSTANDING THE LAWS AND RULES

There are other resources for understanding the laws and rules of the Court:

Attachments