Requests for Admission

• Author: Jennifer Duncan-Brice
• Pages: 221-250

26-221

Chapter 26

requests for admission

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Definition: A request for admission of fact or genuineness of document (“RFA”) is a written statement, served

by one party on another party, requesting that the responding party admit or deny the truth of the statement or

the genuineness of the document.

Scope of Chapter: How to use requests for admission (“RFAs”); propounding RFAs; responding to RFAs;

drafting principles; protective orders; compelling further responses; relief from admissions and non-admissions;

use of responses at trial; sanctions for failure to admit; sample forms.

Strategies and Tactics: Exercise caution in propounding and responding to RFAs. Matters admitted are conclu-

sively established for trial. If a party served with a request for admission fails to timely respond, the matters stated

in the request are deemed admitted against that party. A responding party who fails to admit matters later proven to

be true, may be liable for the expenses the requesting party incurred in proving the matter, including attorney fees.

Statutes and Rules: SCR 216.

Related Topics: Motion Practice, Ch 14; All Discovery, Ch 20; Interrogatories, Ch 25; Discovery Disputes, Ch 27.

Forms: See digital access for the following forms:

• Form 27:20, Sup. Ct. Rule 201(k) Letter.

• Form 27:60, Motion to Strike Objections and Deem Request to Admit Genuineness of Documents Admitted.

TABLE OF CONTENTS

I. General Points

A. Overview

§26:01 Authority

§26:02 Purpose

§26:03 By Whom, on Whom

§26:04 Admissions Are Binding

§26:05 Automatic Admissions

§26:06 RFAs and Responses Are Pleadings

B. Scope of RFAs

§26:10 Broad Scope

§26:11 Ultimate Facts OK; Legal Conclusions Not

§26:12 Legal Conclusions Not OK

IllInoIs PretrIal PractIce 26-222

II. How to Use RFAs

A. Use to Establish Claims and Defenses

§26:20 Uncontested Facts

§26:21 Hard to Prove Matters

§26:22 Ultimate Facts

§26:23 Opinions

B. Documents

§26:30 Rule & Definition

§26:31 Separate Set

§26:32 Establish Evidentiary Foundation

§26:33 Establish Genuineness

§26:34 Establish as Business Record

C. Public Records

§26:40 Admissible as Admitted Facts

§26:41 Procedure

D. Use With Other Discovery Tools

§26:50 Follow Up From Prior Discovery

§26:51 Depositions and Interrogatories

§26:52 Document Requests

III. Propounding RFAs

A. Drafting RFAs

1. FORMAT

§26:60 General Points

§26:61 Title

§26:62 Introductory Paragraph

§26:63 Definitions Division

§26:64 Numerical Order

§26:65 Attach Documents

§26:66 Name, Address, and Signature

§26:67 Return Service Information

§26:68 Certificate of Service

2. TECHNIQUES

§26:80 Separate Request for Each Matter

§26:81 Limit Number of Sets and Requests

§26:82 Make Requests Clear and Simple

§26:83 Leave Nowhere to Hide

§26:84 Amended RFAs

B. Service and Filing

§26:90 Earliest Date to Serve

§26:91 Last Date to Serve

§26:92 Timing Strategies

§26:93 Service Requirements

§26:94 Filing