Notice to Admit
(NY)

Summary

This template Notice to Admit (also known as a request for admission) is a standard form that attorneys can use in a New York state court litigation to obtain party admissions on various matters. This template contains practical guidance and drafting notes. Unlike other discovery devices, a notice to admit is not used to obtain new information. Rather, the only purpose of the document is “to eliminate from contention those matters which are not in dispute in the litigation and which may be readily disposed of.” 32nd Ave. LLC v. Angelo Holding Corp., 20 N.Y.S.3d 420, 422 (N.Y. App. Div. 2015). A notice to admit can request that the responding party admit: • That specified papers or documents are genuine • That specified photographs fairly represent or correctly capture an image ¬–or– • The truth of any matters set forth in the request, provided the requesting party reasonably believes there can be no substantial dispute as to these matters at trial N.Y. C.P.L.R. § 3123(a). Any party can serve a notice to admit upon any other party after service of the answer or 20 days after service of process, whichever is earlier. Service must happen no later than 20 days before the commencement of trial. N.Y. C.P.L.R. § 3123(a). Once served, the responding party can do one or a combination of the following: • Admit the matters in the request • Serve a sworn statement denying the matters of which an admission is requested • Serve a sworn statement setting forth in detail the reasons why he or she cannot truthfully either admit or deny those matters • Serve a sworn statement admitting the matters with qualification or explanation • Serve a sworn statement setting forth privilege or trade secret claims • Do nothing and allow the matters to be deemed admitted N.Y. C.P.L.R. §3123. If a party refuses to admit matters which are then proven at trial, and the court finds the refusal to admit was unreasonable, the party serving the request may collect the reasonable expenses incurred in proving those matters. See N.Y. C.P.L.R. § 3121(c); see also Reid v. Unique Van Serv., 726 N.Y.S.2d 578 (N.Y. App. Div. 2001). For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on using notices to admit, see Notice to Admit: Preparing and Using Requests for Admission (NY). For information on responding to a notice to admit, see Notice to Admit: Responding to Requests for Admission (NY). For a related template, see Notice to Admit: Responding to Requests for Admission (NY).