§36.3 Historical Development

• Jurisdiction: Washington

§36.3HISTORICAL DEVELOPMENT

CR 36 was adopted on May 5, 1967, and became effective on July 1, 1967. It replaced Rule of Pleading Practice and Procedure 36. At the time of its initial adoption, CR 36 was identical to FED. R. CIV. P. 36.

In 1970, FED. R. CIV. P. 36 was revised extensively; CR 36 was amended to conform to the federal rule in 1972. The 1972 modifications were significant in several respects. First, the revisions broadened the scope of admissions covered by the rule. The limitation that matters requested be "relevant matters of fact" was replaced with "matters within the scope of rule 26(b) ...." This change permitted requests to address matters of opinion or of mixed law and fact. Second, the 1972 modifications to CR 36 extended the response periods. Third, the 1972 modifications removed the verification requirement. CR 26(g), which provides that every response to discovery must be signed, now provides the equivalent of verification.

Fourth, the revised rule prohibits a party from asserting lack of information or knowledge as a reason for failing to admit or deny a request until the party makes reasonable inquiry and the known or readily identifiable information is insufficient to allow the party to either admit or deny. Prior to the modification, some jurisdictions allowed a party to answer the request on the basis of knowledge possessed at the time of responding to the request. Fifth, the 1972 amendments shifted the burden of objecting to a request. Formerly the rule required the objecting party to move for a hearing on the objection; the revisions require the requesting party to move for an order deeming the request admitted or requiring an amended response. Finally, an admission under the 1972 amendments to CR 36 is "conclusively" binding in the pending action unless it is allowed to be withdrawn or amended.

In 1985, CR 36(a) was amended by adding the last sentence of the first paragraph, which prevents a party from combining requests for admission in the same document with other forms of discovery. This amendment was intended to reduce the risk that attorneys would neglect to respond timely to requests for admission.

In 1987, FED. R. CIV. P. 36 was amended to remove gender-specific language. Washington has not yet adopted corresponding changes to CR36.

Effective September 1, 1989, two additional changes were made to CR 36. First, the 1989 amendments extended the time period to respond to requests for admission from 20 days...