Motion to Deem Facts Admitted in Louisiana

Understanding the Purpose and Significance of a Motion to Deem Facts Admitted

“The Louisiana Code of Civil Procedure allows a party to serve upon another party a written request for the admission of the truth of any relevant matters of fact.” (See Durden v. Durden (2015) 165 So. 3d 1131, 1140-41; La. C.C.P. art. 1466.)

“The purpose of Article 1466 is to relieve the parties of the expense of proving that which is not seriously disputed and to relieve the courts from taking needless time to hear such matters.” (See id; Powell v. Department of Highways (1980) 383 So.2d 425, 430.)

“Subsection 1467(a) requires that each matter of which an admission is requested shall be separately set forth and that requests should be worded to seek admission of specific facts rather than broader characterizations.” (See Durden v. Durden (2015) 165 So. 3d 1131, 1140-41; Grevemberg v. G.P.A.Strategic Forecasting Group, Inc. (2007) 06–0766, p. 10, 959 So.2d 914, 920.)

“Generally, a matter is deemed admitted if the party to whom the request is directed does not respond within the time delays afforded by law.” (See Durden v. Durden (2015) 165 So. 3d 1131, 1140-41; La. C.C.P. art. 1467.)

“The purpose of Article 1467 is to require the admission of facts which are not to be disputed at trial in order “to eliminate the time, trouble, and expenses of proving uncontroverted facts.” (See id; New Orleans Public Service, Inc. v. Checker Cab Co. (1976) 332 So.2d 489, 490.)

Procedural Steps Involved in Filing a Motion to Deem Facts Admitted

Requests for admission are governed under subsections 1466-1468 of the Louisiana Code of Civil Procedure, Revised Statutes.

“A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Articles 1422 through 1425 set forth in the request or of the truth of any relevant matters of fact, including the genuineness of any documents described in the request.” (See La. Code Civ. Proc. art. 1466.)

“Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.” (See id.)

“The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the petition upon that party.” (See id.)

“Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney.” (See La. Code Civ. Proc. art. 1467(A).)

“The written answer or reasons for objection to each request for admission shall immediately follow a restatement of the request for admission to which the answer or objection is responding. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.” (See id.)

“A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny.” (See id.)

“A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of Article 1472, deny the matter or set forth reasons why he cannot admit or deny it.” (See id.)

“The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served.” (See La. Code Civ. Proc. art. 1467(B).)

“If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Article 1469 apply to the award of expenses incurred in relation to the motion.” (See id.)

Discretion of the Court in Deciding a Motion to Deem Facts Admitted

“Responses to requests for admissions are…deemed conclusively established unless the court on motion permits withdrawal or amendment of the admission." (See La. Code Civ. Proc. art. 1468; Scott v. Entergy La., LLC (2020) 310 So. 3d 215, 219.)

“The standard of review for discovery matters is abuse of discretion.” (See Jones v. Quality Distribution, Inc., No. 2022-CA-0104, at *4 (La. Ct. App. Sep. 14, 2022).)

“Generally, an abuse of discretion results from a conclusion reached capriciously or in an arbitrary manner.” (See Sullivan v. Brookshire Grocery Co. & Sealy Uptown, LLC (2022) 348 So. 3d 872, 875.)

“The word ‘arbitrary’ implies a disregard of evidence or the proper weight thereof. A conclusion is ‘capricious’ when there is no substantial evidence to support it or the conclusion is contrary to substantiated competent evidence.” (See id.)

“Although a reviewing court defers to reasonable decisions within the trial court's discretion, a decision based upon an erroneous interpretation or application of the law, rather than a valid exercise of discretion, is not entitled to such deference.” (See id.)

Legal Precedents and Case Law on a Motion to Deem Facts Admitted

It is well settled that “if the party fails to comply with the court order compelling discovery, the court may, among other options, thereafter order that the matters subject to the motion be taken as established. On the other hand, when a request for an admission is made, [t]he matter is admitted unless, within fifteen days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter. . .” (See Arias v. Stolthaven New Orleans (2009) 9 So. 3d 815, 16.)

It is also well settled that “evidence cited in and attached to the motion for summary judgment or memorandum filed by an adverse party is deemed admitted for purposes of the motion for summary judgment unless excluded in response to an objection.” (See Meyer & Assocs., Inc. v. Coushatta Tribe of La. (2016) 185 So. 3d 222, 241; La.Code Civ.P. art. 966(F)(2).)