Requests for Admission
(OH)

Summary

This template requests for admission (RFA) may be used in civil cases in Ohio state courts. It assumes the plaintiff is the propounding party, and you can customize it to the specific facts of your case. The template includes practical guidance, drafting notes, and optional clauses. RFAs are perhaps the least frequently utilized discovery method but, when properly used, can be an effective way to limit the factual issues at trial. Ohio Civ. R. 36 allows a party to serve a written request that another party admit certain facts, that relate to statements or opinions of fact or of the application of law to fact, for purposes of the pending action. Ohio Civ. R. 36(A). The requests can include any matters within the scope of discovery. See Ohio Civ. R. 26(B). This generally includes any matter, not privileged, that is relevant to the subject matter involved in the pending action and proportional to the needs of the case. Ohio Civ. R. 26(B). You can include requests that the responding party admit to the genuineness of documents. Ohio Civ. R. 36(A). Unlike interrogatories, which are capped at a maximum of 40, there are no limits for requests for admissions. Savvy attorneys will often take an interrogatory answer, subject to an objection, and take the content of that reply and request its admission. Ohio Civ. R. 36 requires that wherever feasible, the request be served electronically. The electronic copy of the request must be on a shareable medium and in an editable format and served pursuant to Ohio Civ. R. 5(B)(2)(f) or (B)(3). Ohio Civ. R. 36(A). RFAs are not filed with the court until they are used in a proceeding, such as supporting evidence for a motion, or the court orders filing. See Ohio Civ. R. 5(D). Always check local court rules for e-filing compliance. If you serve an RFA by traditional mail, consider sending it via certified mail, return receipt requested. Although you are not required to do so, using a certified mail receipt can help close the door on a later claim that you did not serve the requests. If the party to whom the requests are directed fails to serve a response within 28 days, or within some other period designated by the court after service, the requests are deemed admitted. Ohio Civ. R. 36(A)(1). Each party should receive their own RFAs. You cannot issue an RFA directed to multiple parties, even if they are represented by the same counsel. For more on drafting requests for admissions, see Requests for Admission: Drafting RFAs (OH). For information on responding to RFAs, see Requests for Admission: Responding to RFAs (OH). For a related template, see Objections and Responses to Requests for Admissions (OH).