Request for admissions
Encyclopedia
A request for admissions (sometimes also called a request to admit) are a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit
or deny the statements or allegations therein. Requests for admissions are part of the discovery
process in a civil case
. In the U.S. federal court system
, they are governed by Rule 36 of the Federal Rules of Civil Procedure
.
, but different in form and purpose. Each "question" is in the form of a declarative statement
which the answering party must then either admit, deny, or state in detail why he can neither admit nor deny the truthfulness of the statement (e.g. for lack of knowledge, etc.). This effectively puts the admissions in the form of true-false
questions. For example, in a case involving an automobile accident, the plaintiff
might include in his request a statement such as "Defendant
Smith was driving a Blue Dodge Caravan
on the morning of the accident". Under Rule 36(a)(5), the answering party may also object
to the request, and state the reason for his objection, so long as the objection is not solely because the request would present a genuine issue of fact for trial
.
Rule 36(a)(1) limits the types of requests to be limited to (A) facts, the application of law to fact, or opinions about either; and (B) the genuineness of any described documents
. However, the rule places no limits on the amount of requests which may be made of either litigant. State court rules, however, may be more strict than this.
Notably, under Rule 36(a)(3), requests for admissions are automatically deemed admitted in U.S. federal courts if the opponent fails to timely respond or object. The opponent bears the burden of moving for relief from its failure to respond and providing a legitimate excuse for why it did not respond earlier. Some U.S. states have found in their experience that the federal rule is too harsh, and have reversed the burden so that the party propounding the RFAs must follow up with a motion to have RFAs deemed admitted.
by getting certain admissions or denials of issues relevant
to the lawsuit on record before a trial takes place. While evidence
introduced at trial can be rebutted
, admissions which are on record must be taken as true unless the judge
permits them to be withdrawn or amended. Thus, requests for admission can obviate the need for presentation of some evidence and make the actual trial shorter and more efficient.
Also, Federal Rules of Civil Procedure
have placed twenty-five questions per party limitations on the use of interrogatories
, but there is no numerical limit in FRCP
on the request for admissions (unless specified differently in Local Rules of the state, which most states do have).
Admission (law)
An admission in the law of evidence is a prior statement by an adverse party which can be admitted into evidence over a hearsay objection. In general, admissions are admissible in criminal and civil cases.At common law, admissions were admissible...
or deny the statements or allegations therein. Requests for admissions are part of the discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
process in a civil case
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
. In the U.S. federal court system
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, they are governed by Rule 36 of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
.
Basic structure
A request for admissions is a list of questions which are similar in some respects to interrogatoriesInterrogatories
In law, interrogatories are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.In civil cases, the issues to be decided...
, but different in form and purpose. Each "question" is in the form of a declarative statement
Sentence (linguistics)
In the field of linguistics, a sentence is an expression in natural language, and often defined to indicate a grammatical unit consisting of one or more words that generally bear minimal syntactic relation to the words that precede or follow it...
which the answering party must then either admit, deny, or state in detail why he can neither admit nor deny the truthfulness of the statement (e.g. for lack of knowledge, etc.). This effectively puts the admissions in the form of true-false
Multiple choice
Multiple choice is a form of assessment in which respondents are asked to select the best possible answer out of the choices from a list. The multiple choice format is most frequently used in educational testing, in market research, and in elections-- when a person chooses between multiple...
questions. For example, in a case involving an automobile accident, the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
might include in his request a statement such as "Defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
Smith was driving a Blue Dodge Caravan
Dodge Caravan
The Dodge Caravan is a family minivan manufactured by Chrysler Group LLC and sold under its Dodge brand. Along with its nameplate variant, the Plymouth Voyager, the Caravan was introduced for the 1984 model year. In 1987, the Dodge Grand Caravan long-wheelbase model was introduced and sold...
on the morning of the accident". Under Rule 36(a)(5), the answering party may also object
Objection (law)
In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence which would be in violation of the rules of evidence or other procedural law...
to the request, and state the reason for his objection, so long as the objection is not solely because the request would present a genuine issue of fact for trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
.
Rule 36(a)(1) limits the types of requests to be limited to (A) facts, the application of law to fact, or opinions about either; and (B) the genuineness of any described documents
Documentary evidence
Documentary evidence is any evidence introduced at a trial in the form of documents. Although this term is most widely understood to mean writings on paper , the term actually include any media by which information can be preserved...
. However, the rule places no limits on the amount of requests which may be made of either litigant. State court rules, however, may be more strict than this.
Notably, under Rule 36(a)(3), requests for admissions are automatically deemed admitted in U.S. federal courts if the opponent fails to timely respond or object. The opponent bears the burden of moving for relief from its failure to respond and providing a legitimate excuse for why it did not respond earlier. Some U.S. states have found in their experience that the federal rule is too harsh, and have reversed the burden so that the party propounding the RFAs must follow up with a motion to have RFAs deemed admitted.
Purpose of procedure
Requests for admissions help narrow the scope of the controversyControversy (law)
In jurisprudence, a controversy differs from a case; while the latter includes all suits, criminal as well as civil, a controversy is a purely civil proceeding....
by getting certain admissions or denials of issues relevant
Relevance (law)
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove."...
to the lawsuit on record before a trial takes place. While evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
introduced at trial can be rebutted
Rebuttal
In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. By analogy the same term is used in politics and public affairs to refer to the informal process by which statements, designed to refute or negate specific...
, admissions which are on record must be taken as true unless the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
permits them to be withdrawn or amended. Thus, requests for admission can obviate the need for presentation of some evidence and make the actual trial shorter and more efficient.
Also, Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
have placed twenty-five questions per party limitations on the use of interrogatories
Interrogatories
In law, interrogatories are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.In civil cases, the issues to be decided...
, but there is no numerical limit in FRCP
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
on the request for admissions (unless specified differently in Local Rules of the state, which most states do have).