Section § 2033.010

Explanation

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.

Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), 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. A request for admission may relate to a matter that is in controversy between the parties.

Section § 2033.020

Explanation

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.

(a)CA Civil Procedure Code § 2033.020(a) A defendant may make requests for admission by a party without leave of court at any time.
(b)CA Civil Procedure Code § 2033.020(b) A plaintiff may make requests for admission by a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.
(c)CA Civil Procedure Code § 2033.020(c) Notwithstanding subdivision (b), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, a plaintiff may make requests for admission by a party without leave of court at any time that is five days after service of the summons on, or appearance by, that party, whichever occurs first.
(d)CA Civil Procedure Code § 2033.020(d) Notwithstanding subdivisions (b) and (c), on motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to make requests for admission at an earlier time.

Section § 2033.030

Explanation

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.

(a)CA Civil Procedure Code § 2033.030(a) No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. If the initial set of admission requests does not exhaust this limit, the balance may be requested in subsequent sets.
(b)CA Civil Procedure Code § 2033.030(b) Unless a declaration as described in Section 2033.050 has been made, a party need only respond to the first 35 admission requests served that do not relate to the genuineness of documents, if that party states an objection to the balance under Section 2033.230 on the ground that the limit has been exceeded.
(c)CA Civil Procedure Code § 2033.030(c) The number of requests for admission of the genuineness of documents is not limited except as justice requires to protect the responding party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense.

Section § 2033.040

Explanation

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.

(a)CA Civil Procedure Code § 2033.040(a) Subject to the right of the responding party to seek a protective order under Section 2033.080, any party who attaches a supporting declaration as described in Section 2033.050 may request a greater number of admissions by another party if the greater number is warranted by the complexity or the quantity of the existing and potential issues in the particular case.
(b)CA Civil Procedure Code § 2033.040(b) If the responding party seeks a protective order on the ground that the number of requests for admission is unwarranted, the propounding party shall have the burden of justifying the number of requests for admission.

Section § 2033.050

Explanation

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.

Any party who is requesting or who has already requested more than 35 admissions not relating to the genuineness of documents by any other party shall attach to each set of requests for admissions a declaration containing substantially the following words:
I, __________, declare:
1. I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding).
2. I am propounding to __________ the attached set of requests for admission.
3. This set of requests for admission will cause the total number of requests propounded to the party to whom they are directed to exceed the number of requests permitted by Section 2033.030 of the Code of Civil Procedure.
4. I have previously propounded a total of __________ requests for admission to this party.
5. This set of requests for admission contains a total of __________ requests.
6. I am familiar with the issues and the previous discovery conducted by all of the parties in this case.
7. I have personally examined each of the requests in this set of requests for admission.
8. This number of requests for admission is warranted under Section 2033.040 of the Code of Civil Procedure because __________. (Here state the reasons why the complexity or the quantity of issues in the instant lawsuit warrant this number of requests for admission.)
9. None of the requests in this set of requests is being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation.
I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed on __________.
_____ (Signature) _____
Attorney for

Section § 2033.060

Explanation

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.

(a)CA Civil Procedure Code § 2033.060(a) A party requesting admissions shall number each set of requests consecutively.
(b)CA Civil Procedure Code § 2033.060(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)CA Civil Procedure Code § 2033.060(c) Each request for admission in a set shall be separately set forth and identified by letter or number.
(d)CA Civil Procedure Code § 2033.060(d) Each request for admission shall be full and complete in and of itself. No preface or instruction shall be included with a set of admission requests unless it has been approved under Chapter 17 (commencing with Section 2033.710).
(e)CA Civil Procedure Code § 2033.060(e) Any term specially defined in a request for admission shall be typed with all letters capitalized whenever the term appears.
(f)CA Civil Procedure Code § 2033.060(f) No request for admission shall contain subparts, or a compound, conjunctive, or disjunctive request unless it has been approved under Chapter 17 (commencing with Section 2033.710).
(g)CA Civil Procedure Code § 2033.060(g) A party requesting an admission of the genuineness of any documents shall attach copies of those documents to the requests, and shall make the original of those documents available for inspection on demand by the party to whom the requests for admission are directed.
(h)CA Civil Procedure Code § 2033.060(h) No party shall combine in a single document requests for admission with any other method of discovery.

Section § 2033.070

Explanation

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.

The party requesting admissions shall serve a copy of them on the party to whom they are directed and on all other parties who have appeared in the action.

Section § 2033.080

Explanation

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.

(a)CA Civil Procedure Code § 2033.080(a) When requests for admission have been made, the responding party may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(b)CA Civil Procedure Code § 2033.080(b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions:
(1)CA Civil Procedure Code § 2033.080(b)(1) That the set of admission requests, or particular requests in the set, need not be answered at all.
(2)CA Civil Procedure Code § 2033.080(b)(2) That, contrary to the representations made in a declaration submitted under Section 2033.050, the number of admission requests is unwarranted.
(3)CA Civil Procedure Code § 2033.080(b)(3) That the time specified in Section 2033.250 to respond to the set of admission requests, or to particular requests in the set, be extended.
(4)CA Civil Procedure Code § 2033.080(b)(4) That a trade secret or other confidential research, development, or commercial information not be admitted or be admitted only in a certain way.
(5)CA Civil Procedure Code § 2033.080(b)(5) That some or all of the answers to requests for admission be sealed and thereafter opened only on order of the court.
(c)CA Civil Procedure Code § 2033.080(c) If the motion for a protective order is denied in whole or in part, the court may order that the responding party provide or permit the discovery against which protection was sought on terms and conditions that are just.
(d)CA Civil Procedure Code § 2033.080(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.