Chapter 2 - 2.8 Admissions

• Jurisdiction: Virginia

2.8 ADMISSIONS

2.801 In General. Objections to requests for admissions must be filed during the same period in which an answer is due, generally within 21 days of service.⁹⁴ Except for requests related to the genuineness of documents, no party may serve more than thirty requests (including all parts and subparts) upon another party unless leave of court is first obtained.⁹⁵ If a requested admission is unclear or unfair, the responding party may, through an objection, request that the admission be rephrased so that the answering party does not have to concede a disputed point.⁹⁶ Requests for compound admissions may also be objectionable for this reason. If good faith requires counsel to admit part and deny part, then counsel should do so.⁹⁷

2.802 Requesting an Opinion. An admission can request an opinion, a contention, or a conclusion relating the facts of the case to the law, but without that factual relationship, these types of statements are objectionable. For example, requesting the interpretation of a contract would probably be appropriate as it involves the application of law to fact.⁹⁸ However, a request to admit that a party is a public figure for purposes of the law on defamation was not a proper request because it did not relate his limited public figure status to a particular public controversy under the facts of the case.⁹⁹

2.803 Lack of Knowledge. In addition to a formal objection to the admission request, a party may plead a lack of knowledge about a particular statement in the request if the party also states that a reasonable inquiry has been made and that the information available is not sufficient for the party to admit or deny the statement.¹⁰⁰

2.804 Enforcing Discovery. To obtain a ruling on an objection, the requesting party must file with the court a motion to compel discovery. Otherwise the court will not act to correct this.¹⁰¹ If the court does not...