AL · rules
Ala. R. Civ. P. 36
Requests for admission
(a) Request for admission. 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 Rule 26(b) set forth in the request that
relate to statements or opinions of fact or of the application of law to fact, including
the genuineness of any documents described in the request. Copies of documents
shall be served with the request unless they have been or are otherwise furnished
or made available for inspection and copying. 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 summons and complaint upon that party.
Each matter of which an admission is requested shall be separately set
forth. The matter is admitted unless, within thirty (30) 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 the
party’s attorney, but, unless the court shortens the time, a defendant shall not be
required to serve answers or objections before the expiration of forty-five (45) days
after service of the summons and complaint upon that defendant. 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. A denial shall fairly meet the substance of the requested
admission, and when good faith requires that a party qualify an answer or deny
only a part of the matter of which an admission is requested, the party 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 the party states that the party has made reasonable inquiry and that the
information known or readily obtainable by the party is insufficient to enable the
party to admit or deny. 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; the party may, subject to the provisions of Rule 37(c),
deny the matter or set forth reasons why the party cannot admit or deny it.
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. 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 Rule
37(a)(4) apply to the award of expenses incurred in relation to the motion.
(b) Effect of admission. Any matter admitted under this rule is
conclusively established unless the court on motion permits withdrawal or
amendment of the admission. Subject to the provisions of Rule 16 governing
amendment of a pretrial order, the court may permit withdrawal or amendment
when the presentation of the merits of the action will be subserved thereby and the
party who obtained the admission fails to satisfy the court that withdrawal or
amendment will prejudice that party in maintaining the action or defense on the
merits. Any admission made by a party under this rule is for the purpose of the
pending action only and is not an admission for any other purpose nor may it be
used against the party in any other proceeding.
(dc) District court rule. Rule 36 applies in the district courts in those instances
where a request for admissions is permitted by Rule 26(dc).
History
[Amended eff. 10-1-95.] Committee Comments on 1973 Adoption There is no provision corresponding to Rule 36 in Tit. 7, § 474(1)-(18), Code of Ala. The purpose of this rule is to expedite the trial and to relieve the parties of the cost of proving facts which will not be disputed at the trial and the truth of which can be ascertained by reasonable inquiry. The rule is self-sufficient, and clearly defines its purpose and limits its effect, and it should be liberally construed. See Wright & Miller, Federal Practice and Procedure, Civil, § 2252 (1970). As in Rule 33, Interrogatories, and Rule 34, Request for Production, 30 days in which to admit is allowed unless the Request is served at or shortly after the commencement of the action. Unless otherwise ordered, a defendant is not required to admit any sooner Rule 36 provides that admissions may reach opinions of the application of law to facts. This is analogous to a companion provision found in Rule 33(b). Objections must be accompanied by grounds. Inability to admit or deny requires accompanying reasons therefor. When good faith requires qualification, that which can be admitted shall be stated and that which is denied shall be specified. Lack of knowledge is adequate only when reasonable inquiry could not lead to sufficient information. The duty to make reasonable inquiry does not oblige the responding party to seek discovery from third parties available to the requesting party. Objections or insufficient answers may be pursued under Rule 37(a) by the party seeking discovery. Final disposition of certain requests may be postponed until pre-trial or thereafter. Amendment or withdrawal of admissions is permitted under the conditions set forth in Rule 36(b). The admission is for the purpose of the pending action only and is not an admission for any other purpose or proceeding. The same admonition as to the use of canned interrogatories contained in the commentary to Rule 33 is equally applicable to the service and filing of canned requests for admissions. In the commentary dealing with Rule 33, the method of objections to canned discovery devices is discussed. Committee Comments to October 1, 1995, Amendment to Rule 36 The amendment is technical. No substantive change is intended.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
118dd2c3e8e3efe1f58887523337f024d16ff02c4cf2fdf20ffb616df0a4a7ab
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