Requests for Admission – Summary of Statutes

Code Civ. Proc. § 2033.010

Any party may obtain discovery by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact.

Code Civ. Proc. § 2033.020

(a) A defendant may request at any time.

(b) A plaintiff may request 10 days after the service or appearance.

Code Civ. Proc. § 2033.030

(a) No more than 35 matters [except] genuineness of documents.

Code Civ. Proc. § 2033.040

(a) any party may request a greater number (b) [with the] burden of justifying the number of requests for admission.

Code Civ. Proc. § 2033.050

requesting more than 35 shall attach a declaration containing substantially the following words:

Code Civ. Proc. § 2033.060

(a) number each set consecutively. (b) In the first paragraph immediately below the title of the case, there shall appear the identity of the party requesting the admissions, the set number, and the identity of the responding party. (c) Each request identified by letter or number. (d) Each request shall be full and complete in and of itself. (e) Any term defined all letters capitalized. (f) No subparts. (g) genuineness of any documents shall attach copies.

Code Civ. Proc. § 2033.070

serve a copy on all parties who have appeared in the action.

Code Civ. Proc. § 2033.080

(a) the responding party may promptly move for a protective order [with] meet and confer declaration 2016.040.

(b)(4) trade secret. (5) sealed.

Code Civ. Proc. § 2033.210

(a) shall respond in writing under oath separately to each request. (b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request. (c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party. (d) Each answer or objection in the response shall bear the same identifying number or letter and be in the same sequence as the corresponding request, but the text of the particular request need not be repeated.

Code Civ. Proc. § 2033.220

(a) Each answer shall be as complete and straightforward as the information reasonably available to the responding party permits. (b) Each answer shall: (1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge.

(c) If lack of information or knowledge, state that a reasonable inquiry has been made.

Code Civ. Proc. § 2033.230

(a) If objectionable, the remainder shall be answered. (b) the specific ground shall be set forth, the particular privilege work product shall be expressly asserted.

Code Civ. Proc. § 2033.240

(a) sign the response under oath. (b) one of its officers or agents shall sign. (c) The attorney for the responding party shall sign any response that contains an objection.

Code Civ. Proc. § 2033.250

(a) Within 30 days shall serve the original of the response

Code Civ. Proc. § 2033.260

(a) party may agree to extend the time for service of a response.

(b) This agreement shall be confirmed in a writing that specifies the extended date.

Code Civ. Proc. § 2033.270

(a) not filed with the court.

(b) The party requesting shall retain the requests with the original proof of service and the original of the sworn response.

Code Civ. Proc. § 2033.280

fails to serve a timely response, (a) waives any objection. courtmay relieve this waiver [if] subsequently served a response [failure was] result of mistake, inadvertence, or excusable neglect.

(b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified.

Code Civ. Proc. § 2033.290

may move for an order compelling a further response within 45 days of the service of the response

Code Civ. Proc. § 2033.300

(a) amend an admission only on leave of court, the costs of additional discovery be borne by the party amending the admission.

Code Civ. Proc. § 2033.410

Any matter admitted is conclusively established. binding only on that party the pending action only.

Code Civ. Proc. § 2033.420

fails to admit the truth of any matter and if the party thereafter proves the truth of that matter, the party may move for an order to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees.

 

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