Article · Litigation

Answering Requests for Admission Under Rule 36: A Strategic Practitioner's Guide

Type
Article
Jurisdiction
National
Date
2024-09-19
Topic
Litigation

The request for admission is the one discovery device that punishes caution instead of rewarding it, and Rule 36 hides a self-executing trap: say nothing for thirty days and every matter is admitted without a motion, a hearing, or a judge. This UpLaw guide explains how Rule 36 actually works, why it is a case-narrowing tool rather than a fact-finding one, and how to answer strategically. It walks through the four permissible response forms, the narrow menu of objections, the difficult line between an impermissible legal conclusion and a permissible application of law to fact, and the conclusive effect that makes an admission summary-judgment ammunition. It maps the three distinct motions the rule generates and the different tests they apply, from the sufficiency motion to withdrawal to Rule 37(c)(2) cost-shifting for a denial that proof later disproves. Throughout, invented hypotheticals and primary authority make the analysis legible to a litigator, a business owner, a judge, and a policymaker alike, and the guide closes with worked model responses and cross-references to the rest of the UpLaw discovery library.

Answering Requests for Admission Under Rule 36: A Strategic Practitioner's Guide

Litigation > Discovery | Published 19 September 2024 - Updated 6 December 2024 | UpLaw - uplaw.us

A request for admission is the only discovery device that grows more dangerous the longer you ignore it. Every other request is defused by silence plus a motion; this one detonates on its own. This guide explains how Rule 36 works, why it inverts a litigator's instincts, and how to answer it without handing your opponent the case.

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