§22.09 Request for Admission of Facts and of Genuineness of Documents

• Jurisdiction: Washington

§ 22.09 REQUEST FOR ADMISSION OF FACTS AND OF GENUINENESS OF DOCUMENTS

[1] Use and Scope

A written request for an admission of fact or the application of law to fact, including the genuineness of any documents, may be served upon the opposing spouse for the purpose of eliminating controversial matters that will not be disputed at the time of trial. CR 36. For example, counsel may use admissions to establish that certain property existed at the time of the marriage, that various assets were inherited or given to the client, or that a certain document accurately reflects the actuarial value of a spouse's pension. The scope of a request for admissions is also governed by CR 26(b) and gives the requesting party broad powers in obtaining information. CR 36.

[2] Procedure and Form

Written requests must be arranged so that after each separate request there is a blank space sufficient to enable the responding spouse to provide his or her answer. The request for admission cannot be included in the same document with other forms of discovery, such as interrogatories under CR 33 or requests for production of documents and things under CR 34. Copies of documents such as appraisals, actuarial evaluations, contracts, and deeds that are the subject matter of the request for admissions must be attached to the request unless otherwise furnished or made available for inspection or copying. CR 36(a). Likewise, a party objecting to answers shall set forth each answer objected to in the request for admissions to which it relates, followed by his or her objections and the reasons therefor. CR 36(a). Counsel may serve a request for admissions, together with the petition for dissolution or legal separation, but the responding spouse shall not be required to respond sooner than 40 days after service of the summons and petition. If the requests for admissions are served more than 20 days subsequent to the service of the summons and petition for dissolution or legal separation, the responding spouse has 30 days to answer or object to the request. CR 36(a). A form of request for admissions used in a dissolution action is provided as Form 22-13—Request for Admission of Facts and Genuineness of Docs—with the downloadable forms accompanying this deskbook (see § 22.10, below).

[3] Effect of Admission

Any matter admitted under the rule is conclusively established. In other words, it is not rebuttable by any party. CR 36(b). Any refusal to admit a request for admission may result in the...