Requests for AdmissionRequests for Admission
Section § 2033.010
This section explains that in a lawsuit, one party can ask another party to admit that certain documents are real or that certain facts, opinions about facts, or legal conclusions applied to facts are true. This helps clarify what both sides agree on and what is still in dispute.
Section § 2033.020
This law explains when parties in a lawsuit can ask each other to admit certain facts without needing the court's permission. Defendants can do this at any time. Plaintiffs must wait 10 days after the defendant is officially notified of the lawsuit or appears in court, whichever happens first. However, in eviction cases, the wait is only 5 days. If there's a good reason, the court can allow plaintiffs to ask earlier.
Section § 2033.030
This law section sets a limit on how many admission requests each party in a lawsuit can make to the other regarding non-document-related matters, capping it at 35. If a party goes beyond this limit, they must make a formal statement for additional requests, as outlined in another section. However, there's no cap on requests related to the authenticity of documents, unless responding to them becomes overly burdensome or unfair to the other party.
Section § 2033.040
This law allows one party in a legal case to ask another party more questions than usual if the case has special circumstances, like being very complicated or having a lot of issues to address. However, if the other party thinks these extra questions are unnecessary, they can ask the court to step in and limit them. The party asking the questions must then prove to the court why all those questions are needed.
Section § 2033.050
If you need to ask more than 35 admission questions that aren't about whether documents are real, you must include a special declaration with your request. This declaration should explain who you are, detail previous requests, justify why more questions are necessary, and confirm you're not trying to harass or delay. It must be signed under penalty of perjury, meaning you confirm everything is true under the law.
Section § 2033.060
When one party in a legal case wants another party to admit certain facts, they have to follow specific rules. Each request should be numbered in order, include who is asking and who needs to respond, and each question should be clear and stand on its own without extra instructions unless specially approved. If a term is specially defined, it should be in all caps. Requests can't have multiple parts unless approved, and if documents are involved, copies need to be provided. You can't mix requests for admission with other discovery methods in the same document.
Section § 2033.070
If you are asking someone in a lawsuit to admit something is true, you must send a copy of your request to both that person and all other parties involved in the lawsuit who have appeared in the case.
Section § 2033.080
If someone has to respond to requests for admission in a lawsuit, they can ask the court to protect them from unfair demands. They must first try to work things out with the other side, which is called 'meet and confer'. The court can issue an order to protect the person from unnecessary stress, embarrassment, or high costs. This might mean they don't have to answer certain questions or do it later, or that sensitive information stays confidential. If someone asks the court for protection and loses, they might have to pay money to the other party unless they had a good reason for their request.