§36.5 Purpose and Procedure

• Jurisdiction: Washington

§36.5PURPOSE AND PROCEDURE

The purpose for and procedure under CR 36 and the corresponding federal rule are discussed below.

(1)Purpose

CR 36 provides attorneys with a tool to reduce trial expense and time by defining and limiting the matters in controversy between parties. Weyerhaeuser Sales Co. v. Holden, 32 Wn.2d 714, 203 P.2d 685 (1949). The rule accomplishes this purpose by (1) minimizing the expense and labor of proving undisputed facts, the truth of which can be ascertained with reasonable certainty; and (2) expediting the trial by disposing of issues that are not substantively controverted even if they may have been previously denied in the pleadings. Id. (addressing former Rule of Practice 21, which was modeled on FED. R. CIV. P. 36).

CR 36 is not a "true" discovery device; rather, it is a tool designed to facilitate the clear and succinct presentation of issues to the trier of fact. Coleman v. Altman, 7 Wn.App. 80, 86, 497P.2d1338 (1972). The rule's purpose is to eliminate from controversy matters that will not be disputed at trial. Thompson v. King Feed & Nutrition Serv., Inc., 153 Wn.2d 447,105P.3d378 (2005); Brust v. Newton, 70 Wn.App. 286, 852P.2d1092 (1993), review denied, 123 Wn.2d 1010 (1994).

(2)Procedure

Procedure under CR 36 is discussed below.

(a)Requests for admission

A party may serve requests for admission on any other party. The requests must be written and separately stated. The scope of the requests must be limited to issues in the pending lawsuit. Within this limitation, however, they may relate to "the truth of any matters within the scope of rule 26(b)..." and can apply to statements, opinions of fact, the application oflawtofact, or the genuineness of documents. However, the rule does not allow a request for admission of a pure issue of law. Some examples of "pure" issues of law are discussed below. Copies of documents must be served with the requests unless they have been furnished or made available for inspection and copying.

Each matter sought to be admitted must be stated in a separate request. Aparty should phrase requests in concise and straightforward declarative statements; he or she should not phrase requests for admission as interrogatories.

Under CR 36, a party may serve requests on any other party after service of the summons and complaint on that party or, if serving a plaintiff, after the complaint either has been served on the defendants or filed with the court. CR 36 prohibits...