The Role of a Motion to Deem Facts Admitted in Civil Litigation

A motion to deem facts admitted is a legal request filed by a party in a civil lawsuit to have certain facts, which were presented as requests for admission, deemed admitted by the court. This motion is typically filed when the opposing party has failed to respond adequately or timely to requests for admission, which are written statements that require the receiving party to admit or deny specific facts related to the case. If the court grants the motion to deem facts admitted, the facts in question are considered admitted for the purpose of the litigation, and the opposing party can no longer dispute them. This can significantly impact the outcome of the case, as it narrows the scope of issues for trial and may lead to a summary judgment in favor of the moving party.

“In pretrial discovery, a party's written factual statement served on another party who must admit, deny, or object to the substance of the statement…. The admitted statements, along with any statements not denied or objected to, will be treated by the court as established and therefore do not have to be proved at trial.” (Request for Admission, Black's Law Dictionary, 11th ed. 2019, available at Westlaw.)

If a party fails to serve a timely response, the requesting party may move for an order that the requests be deemed admitted. (Code Civ. Proc. § 2033.280(b).) The court “shall” make this order unless, before the hearing, a proposed response in substantial compliance with… (continue reading)

“[T]he failure of a party to deny the material allegations contained in an adversary’s pleading operates as an implied admission of that allegation.” (Commissioner of Social Services v. Smith (2003) 265 Conn. 723, 736.) Thus, “[e]very material allegation in any pleading which is denied by the adverse party shall be deemed to be admitted, unless such party avers that…” (continue reading)

“A trial judge has broad discretion in dealing with requests for admission. Florida Rule of Civil Procedure 1.370 provides that when a trial court determines that an answer does not comply with the requirements of the rule, the court ‘may order either that the matter is admitted or that an amended…” (continue reading)

“Under Ind. Trial Rule 36, a request for admissions may be directed toward an opinion, a contention, or a legal conclusion if the request is related to the facts of the case.” (See General Motors Corp. v. Aetna Cas. Sur. Co. (1991) 573 N.E.2d 885, 888; Corby v. Swank (1996) 670 N.E.2d 1322…) (continue reading)

“Deemed admissions result only when the party from whom admissions are sought fails to serve upon the requesting party, within thirty days after service of the request, either (1) a written statement signed by the party under the penalties of perjury specifically…” (continue reading)

"Rule 36 means exactly what it says. In order to avoid having the requests deemed admitted, a party must respond within the specified time period." (See Excel Staffing Serv., Inc. v. HP Reidsville, Inc. (2005) 172 N.C. App. 281, 285, 616 S.E.2d 349…) (continue reading)

In order to excuse a default in answering, a party need “demonstrate a reasonable excuse for the delay and a meritorious defense.” (Dye v. Columbia, 280 A.D.2d 513, 514 [2nd Dept. 2001].) “The reasonableness of the excuse and the sufficiency of the affidavit of merit…” (continue reading)

Under Civ. R. 36(A), a party may serve a request for admissions upon another party. (Id.) The matter identified in the request is deemed admitted unless the answering party serves on the requesting party a valid answer or objection. A request for admission can be used to establish a fact, even if it goes to the heart of the case. This is in accord with the purpose of the request to admit—to resolve potentially disputed issues and thus to expedite the trial. (Cleveland Trust Co. v. Willis (1985) 20 Ohio St.3d 66…) (continue reading)

Pursuant to Rule 215.4(b), “if a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 198 and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him…” (continue reading)

“Rule of Civil Procedure 36 provides that a matter for which an admission is requested is admitted unless, within 30 days after service of the request . . . 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 V.R.C.P. 36(a); Gallipo v. City of Rutland (2005) 178 Vt. 244…) (continue reading)