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Fla. R. Civ. P. 1.370

Requests for Admission

activein force · 2026-04-01 – presentact-effective-date

(a) Request for Admission.

(1) A party may serve on any other party a written

request for the admission of the truth of any matters within the

scope of rule 1.280(c) 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.

(2) Requests and responses must be served on all

parties. Copies of documents must be served with the request

unless they have been or are otherwise furnished or made available

for inspection and copying.

(3) Without leave of court the request may be served on

the plaintiff after commencement of the action and on any other

party with or after service of the process and initial pleading on that

party.

(4) The request for admission must not exceed 30

requests, including all subparts, unless the court permits a larger

number on motion and notice and for good cause, or the parties

propounding and responding to the requests stipulate to a larger

number.

(5) Each matter of which an admission is requested

must be separately set forth.

(6) The matter is admitted unless the party to whom

the request is directed serves on the party requesting the admission

a written answer or objection addressed to the matter within 30

days after service of the request or such shorter or longer time as

the court may allow but, unless the court shortens the time, a

defendant is not required to serve answers or objections before the

expiration of 45 days after service of the process and initial pleading

on the defendant.

(7) If objection is made, the reasons must be stated.

(8) The answer must specifically deny the matter or set

forth in detail the reasons why the answering party cannot

truthfully admit or deny the matter.

(9) A denial must 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 must specify so much of it as is

true and qualify or deny the remainder.

(10) An answering party may not give lack of information

or knowledge as a reason for failure to admit or deny unless that

party states that that party has made reasonable inquiry and that

the information known or readily obtainable by that party is

insufficient to enable that party to admit or deny.

(11) A party who considers that a matter of which an

admission has been requested presents a genuine issue for trial

may not object to the request on that ground alone; the party may

deny the matter or set forth reasons why the party cannot admit or

deny it, subject to rule 1.380(c).

(12) The party who has requested the admissions may

move to determine the sufficiency of the answers or objections.

(13) Unless the court determines that an objection is

justified, it will order that an answer be served.

(14) 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.

(15) Instead of these orders the court may determine

that final disposition of the request be made at a pretrial conference

or at a designated time before trial.

(16) The provisions of rule 1.380(a)(4) apply to the award

of expenses incurred in relation to the motion.

(b) Effect of Admission.

(1) Any matter admitted under this rule is conclusively

established unless the court on motion permits withdrawal or

amendment of the admission.

(2) Subject to rule 1.200 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

by it and the party who obtained the admission fails to satisfy the

court that withdrawal or amendment will prejudice that party in

maintaining an action or defense on the merits.

(3) 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 that party in any

other proceeding.

History

Committee Notes 1972 Amendment. Derived from Federal Rule of Civil Procedure 36 as amended in 1970. The rule is changed to eliminate distinctions between questions of opinion, fact, and mixed questions. The time sequences are changed in accordance with the other discovery rules, and case law is incorporated by providing for amendment and withdrawal of the answers and for judicial scrutiny to determine the sufficiency of the answers. 2003 Amendment. The total number of requests for admission that may be served without leave of court is limited to 30, including all subparts.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
cad3a67f7f1e1f658ef357aa0ab6f30940a99e63e81f0313b6a18417497fbc8b
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Fla. R. Civ. P. 1.370 — Requests for Admission · binding.law