Requests for Admission are used to ask another party to admit that certain facts are true, or that certain documents are authentic. If admitted as true or authentic, these facts and documents do not need to be proven or authenticated at trial. This helps narrow the scope of controversy in the case, making trials quicker and less expensive.
Ideally, the facts you need to win your case are undisputed, and the other side will admit that these facts are true. If all the key facts are admitted or deemed true, you may be able to file a motion asking the judge to issue a judgment in your favor, because there are no factual issues to be tried.
California law places strict limits on the number of discovery requests a party can make. In a limited civil case (cases less than $25,000) you may ask each party only 35 questions total, whether they are form interrogatories, special interrogatories, requests for admission, or requests for production of documents. Keep this limit in mind when writing your requests, to ensure that you are able to obtain all the information you'll need for your case. If you ask the other party to admit 35 facts, you will not be able to serve any interrogatories or request any documents. If you determine that you cannot obtain all the necessary information in 35 requests, the parties must either agree to additional discovery, or the party requiring the additional discovery must file a motion with the court asking for permission to propound more discovery requests. See the sources listed at the end of this Guide for more information.
In an unlimited civil case (cases for more than $25,000), each party may make 35 requests for admission. Any number over the 35 may be asked if the request contains a declaration of necessity, a sworn statement in which the party or attorney declares under penalty of perjury that additional discovery is required. The form of this declaration can be found in California Code of Civil Procedure (CCP) § 2033.050.
The Judicial Council form commonly used in this procedure is:
In addition, one document must be typed on 28-line pleading paper. A customizable template may be downloaded from this link:
Click here to download this Guide, with step-by-step instructions, including sample forms.