Discovery
Written Discovery
Under Rule 36(a)(3), a matter is admitted unless the party responds within thirty days. Admitted matters are conclusively established unless the court permits withdrawal or amendment.
Withdrawal requires showing it serves the merits and causes no prejudice.
Alternative Names:
Admission by Default, Automatic Admission
Why it Matters?
Deemed admissions can be case-dispositive, since a party that missed the deadline may have admitted liability elements. Courts frequently permit withdrawal because the standard favors merits resolution, but the relief is discretionary and a party relying on inevitable withdrawal is taking a real risk. For the requesting party, moving for summary judgment promptly on deemed admissions is what makes withdrawal harder to justify.
Frequently Confused with
Related terms
Frequently asked questions
What happens if a request for admission goes unanswered?
Is withdrawal routinely granted?
