Circuit Court Discovery - Requests for Admission of Facts and Genuineness of Documents
Generally, this discovery device is a way for 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 request for admissions.
- 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 (“ESI”).
Each separate fact or document should be a separate request.
Response - You must serve responses to requests for admissions within the later of 30 days after service of the request or within 15 days after the date on which the party’s initial pleading or motion is required. Do not ignore requests for admissions. If you fail to respond to a request for admission, the admission will be deemed admitted. The response must be signed by you or your attorney.
If you are answering requests for admissions:
- You may object.
- You must respond by admitting, denying, or stating the reason for which you cannot truthfully admit or deny the admission.
- You may admit part of a request and deny the remainder.
- If you do not know the answer to a request, you must make a “reasonable inquiry” to answer the request. A lack of knowledge or information cannot be used as a reason for failure to admit or deny without this reasonable inquiry. If, after making such an inquiry, you still cannot admit or deny the request, then you may state that.
- If you consider the matter for which an admission to be requested is a genuine issue for trial, you may not, on that ground alone, object to the request. You can instead deny the matter or set forth reasons for not being able to admit or deny it.
Read the Rule: Md. Rule 2-424