Topics on this Page:

• How to Respond to the Opposing Party’s Requests for Admission
• Time Requirements
• Response Rules
• Consequences of Refusing to Admit Provable Facts
• How to Issue Requests for Admissions to the Opposing Party

Generally, this discovery device allows the parties to focus on disputed issues at trial and avoid the time/expense of trying issues that are not, or cannot, be disputed.

There are two types of requests for admission:

• The first type asks the opposing party to admit or deny the truth of facts.
• The second asks the opposing party to admit or deny the genuineness of documents or electronically stored information.

Each separate fact or document should be a separate request.

How to respond to the opposing party’s requests for admission

Time Requirements

A response must be served within  30 days after receiving the request or 15 days after the date an initial pleading or motion is required, whichever is later.

Response Rules

When responding to requests for admission, the following rules apply:

• For each request, the response must consist of:
  • an admission;
  • a denial;
  • a statement explaining in detail why the matter cannot be truthfully admitted or denied; or
  • an objection that states the specific reasons for the objection.
• A denial must address the substance of the request and may not be evasive.
• A party may admit part of a request while denying or qualifying the remainder. The response should specify which portions are admitted and which are denied or qualified.
• If a party lacks sufficient information to admit or deny a request, the party must first make a reasonable inquiry.
  Lack of knowledge is not a valid reason to fail to admit or deny a request. If, after reasonable inquiry, the information known or readily obtainable remains insufficient the response must state that a reasonable inquiry was made and that the available information is insufficient to admit or deny the request.
• A party may not object solely because the request concerns a disputed issue or a matter that may be decided at trial. Instead, the party must admit, deny, or explain why the matter cannot be admitted or denied.

Requests for admission should never be ignored. Failure to respond within the required timeframe results in each matter being deemed admitted. All responses must be signed by the individual or their attorney.

Consequences of Refusing to Admit Provable Facts

If a fact or the genuineness of a document is refused, but later proven at trial by the opposing party, the court may order payment of that party’s reasonable expenses in proving the matter. These expenses can include attorney’s fees.

How to Issue Requests for Admissions to the Opposing Party

Written requests for admission, either to admit certain facts or verify the authenticity of specific documents, may be sent to the opposing party at any time during a circuit court case.

Best Practices:

• Each matter for which an admission is requested must be stated separately
• Copies of any documents requiring authentication should be included
• If the opposing party fails to respond on time, the matters are deemed admitted
• If a response is late, evasive, or incomplete, a motion may be filed  challenging the response.
• The court has the authority to:
• Order a proper answer
• Declare the matter admitted
• Strike the late response entirely

Read the Rule: Md. Rule 2-424

Discovery in the Circuit Court from the Maryland Courts