CR 36

Requests for Admission

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CR 36
REQUESTS FOR ADMISSION
(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 the summons and a copy of the complaint are served upon the
defendant, or the complaint is filed, whichever shall first occur, and upon any other party with or
after service of the summons and complaint upon that party. Requests for admission shall not be
combined in the same document with any other form of discovery.
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, 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 court shortens the time, a defendant shall not be required to serve
answers or objections before the expiration of 40 days after service of the summons and
complaint upon the defendant. 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 answering party states that the
answering party has made reasonable inquiry and that the information known or readily
obtainable by the answering party is insufficient to enable the answering 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 or a central fact in dispute may not, on that ground alone, object to the request; a
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 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 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 the party in maintaining an 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.
[Adopted effective July 1, 1967; Amended effective July 1, 1972; September 1, 1985;
September 1, 1989; April 28, 2015.]

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