Requests for Admissions

• Author: Robert F. Kane/Donald G. Rez
• Pages: 329-368

Chapter 25

Requests for Admission

QUICK VIEW

Definition: A request for admission (“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.

Scope of Chapter: Application of RFAs; use of and strategies for RFAs; RFA drafting and service; response dead-

lines; response drafting and service; substance of responses; objections; requesting parties’ motions; responding

parties’ motions; use at trial.

Strategies and Tactics: Treat RFAs with respect. Matters admitted are conclusively established. If an RFA

respondent fails to timely respond, move to have the RFAs deemed admitted. If matters not admitted are proved

at trial, move for reasonable expenses. If you are responding, consider objections or protective orders.

Statutes and Rules: CCP §§2033.010-2033.420; CRC 3.1345.

Related Topics: Motion Practice, Ch 14; All Discovery, Ch 20; Interrogatories, Ch 24.

California Pretrial Practice & Forms 25-2

Forms in Digital Access: See digital access for the following forms:

• Form 25:10 Request for Admissions.

• Form 25:20 Response to Request for Admissions.

• Form 25:30 Notice of Motion for Order Establishing Admissions [CCP §2033.280(b)].

• For m 25:40 Memorandum of Points and Authorities in Support of Motion for Order Establishing Admissions.

• Form 25:50 Declaration in Support of Motion for Order Establishing Admissions.

• Form 25:60 Order Establishing Admissions.

• Form 25:70 Notice of Motion and Motion to Pay Expenses of Proof.

• Form 25:80 Memorandum of Points and Authorities in Support of Motion to Pay Expenses of Proof.

• Form 25:90 Declaration in Support of Motion to Pay Expenses of Proof.

• Form 25:100 Memorandum of Points and Authorities in Support of Motion for Relief from Waiver

[CCP §2033.280(a)].

• Form 25:110 Declaration in Support of Motion for Relief from Waiver [CCP §2030.290].

• Form 25:120 Memorandum of Points and Authorities in Support of Motion to Withdraw Admissions

[CCP §2033.300].

• Form 25:130 Declaration in Support of Motion to Withdraw Admissions [CCP §2033.300].

• Form 25:140 Memorandum of Points and Authorities in Opposition to Motion to Withdraw Deemed

Admissions [CCP §2033.300].

• Form 25:150 Declaration in Support of Opposition to Motion to Withdraw Deemed Admissions

[CCP §2033.300].

25-3 Requests for Admission

TABLE OF CONTENTS

I. GENERAL POINTS

A. OVERVIEW

§25:01 Authority

§25:02 Cheap and Effective

§25:03 By Whom, On Whom

§25:04 Admissions Are Binding

§25:05 CAUTION: Dire Consequences of Failing to Timely Respond

B. SCOPE OF RFAS

§25:10 Broad Scope

§25:11 Matter in Controversy

§25:12 Ultimate Fact Requests

§25:13 Applying Law to Fact

§25:14 Legal Contentions But Not Legal Reasoning

§25:15 Opinions of Fact

§25:16 Expert Opinions

§25:17 Establishing Prior Statements

II. HOW TO USE RFAS

A. GENERAL STRATEGIES

§25:30 Uncontested Facts

§25:31 Matters Hard to Prove

§25:32 Matter in Controversy

§25:33 Foundational Facts

§25:34 Eliminate Baseless Contentions

§25:35 Marshal Prima Facie Evidence

§25:36 Basis for Summary Judgment

B. WRITINGS

§25:50 Establish Evidentiary Foundation

§25:51 Authentication

§25:52 Establish Hearsay Exception

§25:53 Establish Document as Business Record

C. USE WITH OTHER DISCOVERY TOOLS

§25:60 Producing Party Admissions From Prior Discovery

§25:61 Depositions and Interrogatories

§25:62 Document Requests

§25:63 Serve With Interrogatories

III. PROPOUNDING RFAS

A. DRAFTING FORMAT AND TECHNIQUES

§25:70 Official Form RFAs

§25:71 Use Standard Pleading Format

§25:72 Use Separate Document

§25:73 Title of RFAs

§25:74 Opening Paragraph

§25:75 Definitions and Instructions

§25:76 No Subparts or Compound RFAs

§25:77 Keep Requests Clear and Simple

§25:78 Numerical Order

§25:79 Number of Requests—Genuineness of Documents

§25:80 Number of Requests—Other Requests

§25:81 Number of Requests—Limited Civil Case