Fla. R. Civ. P. 1.370

Requests for Admission

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RULE 1.370. 	REQUESTS FOR ADMISSION
(a) 	Request for Admission.
(1) 	A party may serve on any other party a written
request for the admission of the truth of any matters within the
scope of rule 1.280(c) 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.

(2) 	Requests and responses must be served on all
parties. Copies of documents must be served with the request
unless they have been or are otherwise furnished or made available
for inspection and copying.
(3) 	Without leave of court the request may be served on
the plaintiff after commencement of the action and on any other
party with or after service of the process and initial pleading on that
party.
(4) 	The request for admission must not exceed 30
requests, including all subparts, unless the court permits a larger
number on motion and notice and for good cause, or the parties
propounding and responding to the requests stipulate to a larger
number.
(5) 	Each matter of which an admission is requested
must be separately set forth.
(6) 	The matter is admitted unless the party to whom
the request is directed serves on the party requesting the admission
a written answer or objection addressed to the matter within 30
days after service of the request or such shorter or longer time as
the court may allow but, unless the court shortens the time, a
defendant is not required to serve answers or objections before the
expiration of 45 days after service of the process and initial pleading
on the defendant.
(7) 	If objection is made, the reasons must be stated.
(8) 	The answer must specifically deny the matter or set
forth in detail the reasons why the answering party cannot
truthfully admit or deny the matter.
(9) 	A denial must 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 must specify so much of it as is
true and qualify or deny the remainder.

(10) 	An answering party may not give lack of information
or knowledge as a reason for failure to admit or deny unless that
party states that that party has made reasonable inquiry and that
the information known or readily obtainable by that party is
insufficient to enable that party to admit or deny.
(11) 	A party who considers that a matter of which an
admission has been requested presents a genuine issue for trial
may not object to the request on that ground alone; the party may
deny the matter or set forth reasons why the party cannot admit or
deny it, subject to rule 1.380(c).
(12) 	The party who has requested the admissions may
move to determine the sufficiency of the answers or objections.
(13) 	Unless the court determines that an objection is
justified, it will order that an answer be served.
(14) 	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.
(15) 	Instead of these orders the court may determine
that final disposition of the request be made at a pretrial conference
or at a designated time before trial.
(16) 	The provisions of rule 1.380(a)(4) apply to the award
of expenses incurred in relation to the motion.
(b) 	Effect of Admission.
(1) 	Any matter admitted under this rule is conclusively
established unless the court on motion permits withdrawal or
amendment of the admission.
(2) 	Subject to rule 1.200 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
by it and the party who obtained the admission fails to satisfy the

court that withdrawal or amendment will prejudice that party in
maintaining an action or defense on the merits.
(3) 	Any admission made by a party under this rule is
for the purpose of the pending action only and is not an admission
for any other purpose nor may it be used against that party in any
other proceeding.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 36 as amended in 1970. The rule is changed to eliminate
distinctions between questions of opinion, fact, and mixed
questions. The time sequences are changed in accordance with the
other discovery rules, and case law is incorporated by providing for
amendment and withdrawal of the answers and for judicial scrutiny
to determine the sufficiency of the answers.
2003 Amendment. The total number of requests for
admission that may be served without leave of court is limited to
30, including all subparts.

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