Requests for Admission (RFAs) are written questions used in California civil lawsuits to confirm whether certain facts are true, helping both sides narrow down what is actually being disputed. If a matter is admitted, it is generally treated as true for the rest of the case. Because of this binding effect, admissions can strongly influence the outcome of a lawsuit, making it important for both plaintiffs and defendants to understand the rules, timing, and consequences surrounding RFAs.
Key Takeaways
- In most unlimited civil cases, each side may send up to 35 Requests for Admission, unless they provide a written explanation for sending more. In limited civil cases, the combined limit is 35 written discovery requests, including admissions, interrogatories, and document requests.
- Each Request for Admission must focus on one clear fact, be written separately, and stand on its own.
- If you ask the other side to admit that a document is genuine, you must attach a copy.
- A defendant may serve Requests for Admission at any time. A plaintiff must wait 10 days after serving the lawsuit.
- If a party fails to respond on time, the court can treat the requests as admitted and may impose monetary penalties. These admissions can seriously harm a case and may be used to support summary judgment or limit arguments at trial.
What Are Requests for Admission in California Civil Cases?
Requests for Admission (RFAs) are written questions used during a lawsuit as part of the discovery process. They ask the other side to admit that certain facts are true or that specific documents are genuine. Unlike open-ended questions, RFAs require a clear admission or denial. Instead of leaving issues vague or open to interpretation, RFAs help identify exactly what is being disputed. This can simplify the case by narrowing the focus to the facts that truly matter.
When a fact is admitted in response to an RFA, it is deemed true for the remainder of the case, meaning the admitted fact generally does not need to be proven at trial. RFAs can also play an important role in supporting a motion for summary judgment, which is a request for the court to decide the case, or part of it, without a trial.
In California civil cases, RFAs must be served separately from other discovery tools, such as interrogatories or document requests. They are commonly used in both limited and unlimited civil cases to narrow the issues actually in dispute, reduce unnecessary arguments over obvious facts, and help save time and litigation costs for everyone involved.
Understanding Requests for Admission: A Real-World Example
Consider a car accident case. One side may serve the following request: “Admit that you were driving the vehicle at the time of the collision.” This is a clear, focused statement asking the other party to confirm or deny a specific fact.
The responding party could answer in several ways. They might respond with “Admit” if the statement is true, or with “Deny” if they were not driving. Or the responding party could state that, after a reasonable investigation, they do not have sufficient information to admit the statement. If the request is admitted, the issue is no longer disputed in the case and generally does not need to be proven at trial.
Understanding Limited and Unlimited Cases
In California, civil (non-criminal) lawsuits are generally divided into two categories: limited and unlimited. This distinction matters because it can affect court procedures, timelines, the number of RFAs, and other written discovery tools each side can use during the case.
Limited Civil Cases
A limited civil case typically involves damages of $35,000 or less. This could include:
- Smaller personal injury claims
- Property damage disputes
- Breach of contract cases
- Certain landlord-tenant matters
These cases are designed to move more quickly through the court system and follow simplified procedures. There are limits on how many written discovery requests, including RFAs, interrogatories, and document demands, each party may serve.
Unlimited Civil Cases
An unlimited civil case involves damages of $35,000 or more. This often encompasses:
- Personal injury claims
- Wrongful death actions
- Construction disputes
- Business or contract litigation
These cases often follow more detailed procedural rules and allow for broader discovery. Because more is typically at stake, the litigation process can be more involved and may require additional evidence and expert testimony. The expanded discovery rules in unlimited cases often mean parties can serve more RFAs to clarify the issues before trial.
Governing Law and Official Forms
California law sets specific rules for Requests for Admission, including the number that may be served and the manner in which they must be written. In limited civil cases, a party may generally serve up to 35 RFAs, unless a special declaration is included explaining why more are necessary. In unlimited civil cases, the combined limit is set above 35 written discovery requests, including RFAs.
To help ensure compliance with these rules, most attorneys use official Judicial Council forms, such as Form DISC-020 for Requests for Admission and Form MC-025 as an attachment when additional space or documents are needed.
When and How to Serve Requests for Admission
Knowing when and how to serve Requests for Admission is essential because timing and proper procedure can affect whether the requests are valid and enforceable. Under California law:
- Defendants (the person being sued) may serve RFAs at any time.
- Plaintiffs (the person who filed the lawsuit) must wait at least 10 days after serving lawsuit papers before sending RFAs
RFAs must follow specific formatting rules:
- Each request must be separately numbered and written as a standalone statement.
- Each request should focus on a single fact, an opinion related to that fact, the application of law to that fact, or the authenticity of a document.
- If a party is asking the other side to admit that a document is genuine, a copy of that document must be attached.
The RFAs must be served on all parties who have appeared in the case. It is important to avoid vague or unclear wording, overly broad requests, and combining multiple issues into a single question, as these issues can lead to objections and delay the case.
Responding to RFAs: Admissions, Denials, and Qualified Answers
In most California civil cases, responses to Requests for Admission are due 30 days after they are served, unless the court orders a different deadline or the parties agree in writing to extend the time. Missing this deadline can have serious consequences, so it is critical to respond on time. Each response must address each request separately and must be verified, meaning it is signed under oath.
Ways to Respond to an RFA
There are several permissible ways to respond. A party may:
- Admit the request
- Deny it
- Admit part and deny part if only part of the statement is true
- State that they cannot admit the request after making a reasonable effort to investigate and obtain the information needed to respond.
Once a matter is admitted, changing or withdrawing it usually requires the court’s permission.
Consequences of Nonresponse
If a party misses the response deadline, the judge may order the nonresponding party to pay monetary sanctions. The court may also treat the requests as admitted, meaning the statements are considered true without further proof.
These deemed admissions can significantly damage a case. In some situations, they can even lead to losing the case without a trial if the admissions from non-response resolve key issues. For example, if someone fails to respond to a request that states, “Admit that you ran the red light,” the court may treat that statement as true, which could have a major impact on liability and the outcome of a car accident case.
How Coopers LLP Can Help
Requests for Admission can shape the direction of a civil case. Knowing when to serve them, how to respond properly, and how to use admissions strategically can make a meaningful difference in how a lawsuit progresses.
Coopers LLP represents clients in personal injury throughout California and Oregon. Contact Coopers LLP today for a free consultation. We work on a contingency fee basis, meaning you won’t pay attorney fees unless we recover compensation for you. Clients may be responsible for case costs and expenses regardless of outcome.
