Objections and Responses to Requests for Admission
(CA)

Summary

This template is a response to requests for admission (RFAs) in a civil action in California superior court. This template illustrates the general structure of a response document and includes common forms of objections and responses. This template includes practical guidance, drafting notes, and an optional clause. RFAs are used to establish matters about which there is no real dispute. RFAs can be particularly helpful in streamlining the litigation by eliminating unnecessary proof, thereby saving litigants time and money. By narrowing the matters that are truly at issue, RFAs may also help facilitate settlement. So long as an RFA relates to a matter that is in controversy between the parties and is within the proper scope of discovery (see generally Scope of Discovery and Objections to Discovery (CA)), it may ask the responding party to: • Admit the truth of matters of fact • Admit the truth of matters of opinion relating to fact • Admit the truth of application of law to fact or • Admit the genuineness of specified documents Cal. Code Civ. Proc. § 2033.010; see City of Glendale v. Marcus Cable Assocs., LLC, 235 Cal. App. 4th 344, 354 (2015) ("Requests for admission are not restricted to facts or documents, but apply to conclusions, opinions, and even legal questions"). If your client is served with RFAs, you must generally respond within 30 days after service. Cal. Code Civ. Proc. § 2033.250(a). A response is deemed complete on mailing. See Cal. Code Civ. Proc. §§ 1013(a), 2024.010. The 30-day deadline is extended if the RFAs were delivered by non-personal service: • 2 court days if served electronically or by overnight delivery • 5 calendar days if served by mail within California • 10 calendar days if served by mail from or to an address outside California, but within the United States • 20 calendar days if served from by mail from or to an address outside the United States See Cal. Code Civ. Proc. §§ 1010.6(a)(4)(B), 1013, 2016.050. The time for responding may be shortened or lengthened by either a court order or stipulation. See Cal. Code Civ. Proc. §§ 2033.250(a), 2033.260. In the absence of an extension of time, any ground for objecting to an RFA is waived if not timely stated (i.e., stated in a written response within 30 days of service), unless the court on motion relieves the responding party from the waiver. See Cal. Code Civ. Proc. § 2033.280(a). Furthermore, if a timely response is not made, the propounding party may move for an order deeming the requests admitted and for monetary sanctions. See Cal. Code Civ. Proc. § 2033.280(b), (c). The responding party must separately respond under oath to each request in a set of RFAs. Cal. Code Civ. Proc. § 2033.210(a). To facilitate efficient response to the RFAs, consider requesting that the propounding provide you with an electronic copy of the RFAs, if the RFAs were served in paper format. The propounding party must provide an electronic copy within three court days after your request (assuming that the RFAs were originally created by the propounding party in an electronic format). Cal. Code Civ. Proc. § 2033.210(e)(1), (5). If an electronic copy is provided, you must include the text of the request immediately before your response to each request. Cal. Code Civ. Proc. § 2033.210(d)(6). Electronic copies may be transmitted in any format and by any method agreed on by the parties. Cal. Code Civ. Proc. § 2033.210(e)(3), (4). If the parties are unable to agree on a format or method of transmission: • RFAs or responses must be provided in plain text format. • RFAs or responses must be transmitted by email to an email address provided by the requesting party. Cal. Code Civ. Proc. § 2033.210(e)(3), (4). If you provide your responses in paper format, the propounding party may request that you provide an electronic copy of your responses, in which case you must do so within three court days of the request. Cal. Code Civ. Proc. § 2033.210(e)(2). Discovery papers are formatted like court filings—that is, on pleading paper, with the case and court information. For general format rules, see Formatting Rules in Court Checklist (CA). RFAs and responses, like other discovery documents, must be served on the parties, but are not filed with the court. See Cal. Code Civ. Proc. § 2033.270; Cal. Rules of Ct., Rule 3.250(a)(10). The responses must be served on both the propounding party and all other parties who have appeared in the action within 30 days of service of the RFPs. See 2033.250(a). Be sure to obtain proof of service of the responses. See Cal. Code Civ. Proc. §§ 1013a, 1013b. For details on procedures for service of documents, see Filing and Serving Paper Documents Checklist (CA). For additional discussion of responding to RFAs, see Requests for Admission: Responding to RFAs (CA).