Request for Admissions (RFA)
Compel the opposing party to admit or deny specific facts — narrowing the issues for trial and establishing undisputed facts.
Overview
A Request for Admissions (RFA) under FRCP 36 asks the opposing party to admit or deny specific statements of fact or the genuineness of documents. RFAs are a unique discovery tool because: (1) admissions are CONCLUSIVE — once a fact is admitted, it is established for the entire case and cannot be contradicted at trial, (2) failure to respond within 30 days means the matter is AUTOMATICALLY DEEMED ADMITTED — this is one of the most powerful (and dangerous) discovery rules, and (3) RFAs are not limited in number (unlike interrogatories). Strategic use of RFAs can eliminate issues from dispute, establish key facts, and lay the foundation for summary judgment.
Purpose
- •Establish undisputed facts that narrow the issues for trial
- •Force the lender to admit or deny chain of title, ownership, and standing facts
- •Authenticate documents (or compel the lender to deny genuineness if they cannot authenticate)
- •Eliminate the need to prove foundational facts at trial
- •Set up summary judgment by establishing all material facts as undisputed
When to File
Serve RFAs after you have a good understanding of the case — typically after receiving initial disclosures or early document production. RFAs are most effective when you already know (or strongly suspect) the answer and are using the RFA to lock the opposing party into that position. Do not serve RFAs blindly — a denial of a fact you cannot prove at trial gains you nothing.
Timeline
Responses due: 30 days from service. CAUTION: Failure to respond = automatic admission — the 30-day deadline is absolute. Extensions must be in writing and agreed or court-ordered. If the opposing party does not respond, the matters are deemed admitted — file a notice of deemed admissions with the court.
Key Elements & Requirements
Caption: Court, case number, parties, title
Numbered requests: Each request is a separate statement of fact to be admitted or denied
Simple, single-fact statements: Each RFA should address ONE fact only
Document authentication: Attach documents and request admission of genuineness
Response deadline: 30 days from service — failure to respond = automatic admission
Certificate of service: Proof of service on all parties
Legal Standard
Under FRCP 36, a party served with RFAs must respond within 30 days. The response must: specifically admit or deny each matter, or detail in detail why the party cannot admit or deny (lack of knowledge or information). A denial must fairly respond to the substance of the matter. If only part of a statement is true, the party must admit the true part and deny the rest. Failure to timely respond results in automatic admission — this is absolute and the court has limited discretion to allow withdrawal of deemed admissions.
Strategy & Tips
Draft RFAs as simple, single-fact statements that are either clearly true or clearly false. Example: 'Admit that Plaintiff was not the holder of the Note on January 1, 2026.' If the lender cannot prove it was the holder, it must deny — and now you have established a key fact for your standing defense. If the lender admits, you also have a useful admission (the date of holder status is established). Every RFA should advance a specific element of your defense. A denial is just as useful as an admission — it tells you what the other side disputes.
Court Filing Information
Where to File
RFAs are served on the opposing party — NOT filed with the court (FRCP 5(d)(1)). Deemed admissions can be established by filing a notice with the court.
Fees
No court filing fee.
Format
Numbered simple-fact statements with caption.
Copies Required
Serve on each party + keep your copy.
Frequently Asked Questions
What happens if the lender ignores my RFAs?+
If the lender fails to respond within 30 days, EVERY matter in the RFAs is AUTOMATICALLY DEEMED ADMITTED. This is one of the most powerful consequences in civil procedure — you do not need to file anything for the admission to take effect. File a Notice of Deemed Admissions with the court so it is in the record. You can then use the deemed admissions as a basis for summary judgment. Courts have limited discretion to allow withdrawal of deemed admissions — the standard is high.
How specific should RFA statements be?+
Each RFA should be a single, simple factual statement. GOOD: 'Admit that the document attached as Exhibit A is a true and correct copy of the Note.' BAD: 'Admit that Plaintiff is the holder of the Note with full authority to enforce it and that all assignments are valid and all amounts claimed are correct.' Compound statements are objectionable and unenforceable. If you want the lender to admit 5 different facts, use 5 separate RFAs.
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