Requests for Admission
(TX)

Summary

This template illustrates the format for requests for admission (RFAs), which may be used by one party in a Texas state court civil action to request that the other party admit the truth of specific statements of fact or other matters related to the action. See Tex. R. Civ. P. 198.1. This template includes practical guidance and drafting notes. RFAs can be a useful method for narrowing the issues in a civil action and dispensing with proof with respect to matters that are not seriously in dispute. An RFA may relate to any of the following matters: • Statements or opinions of fact • The application of law to fact • The genuineness of documents Tex. R. Civ. P. 198.1. The template illustrates the general structure and format of such requests and includes some generic RFAs pertaining to the genuineness of documents and other foundational requirements for admissibility of documentary evidence. Specific requests relating to the facts and issues in the case and the parties' contentions should be inserted into this template as appropriate. This template also includes general instructions and definitions that may be helpful in most cases. Note that in cases governed by a Level 1 discovery control plan, each party may serve no more than 15 RFAs on any other party. Each discrete subpart of a request is considered a separate RFA. Tex. R. Civ. P. 190.2(b)(5). In cases governed by a Level 2 plan, there are no express limits on the number of RFAs that may be served. See Tex. R. Civ. P. 190.3(b). In Level 3 cases, there are likewise no express numerical limits on RFAs, although the court may potentially include such limits in a Level 3 plan. See Tex. R. Civ. P. 190.4(b)(3) (Level 3 plan must include "appropriate" limits on amount of discovery). For discussion of discovery control plans, see Discovery Planning and Strategy (TX) — Effect of Discovery Control Plans. A set of RFAs should separately number and state the specific matters as to which the party requests that the other party admit, such as the ownership of specified property or the authenticity of a particular document. See Tex. R. Civ. P. 198.1. The RFAs should be drafted so that they can easily be responded to with a yes or no answer. If the requests are confusing or vague, the responses might not be treated as conclusive. Remember that admissions bind only the party to whom they are addressed and only for purposes of the action in which they are propounded. See Tex. R. Civ. P. 198.3. In cases with multiple opposing parties, you may need to send RFAs to multiple parties. The document should also comply with general format requirements for litigation documents, as well as any format requirements contained in local rules. See Formatting Rules in Court Checklist (TX). Copies of documents described or referenced in the request must be served with or attached to the request unless they have previously been furnished or otherwise made available to the responding party. See Tex. R. Civ. P. 198.1. RFAs may be served at any time after the commencement of the action but no later than 30 days before the end of the discovery period. See Tex. R. Civ. P. 198.1. The discovery period is determined by the discovery control plan applicable to the case. See Tex. R. Civ. P. 190.2(b), 190.3(b)(1), 190.4(b)(2); see also Discovery Planning and Strategy (TX) — Effect of Discovery Control Plans. Copies of the RFAs must be served on the responding party and on all other parties of record. Tex. R. Civ. P. 191.5, 198.1. A certificate of service should be attached to the RFAs. See Tex. R. Civ. P. 21(a), (d), 21a(a), (e). Initially, RFAs and responses should not be filed with the court clerk. See Tex. R. Civ. P. 191.4(a)(1), (2). However, RFAs and responses should be filed if needed for use at trial or in another court proceeding. See Tex. R. Civ. P. 191.4(c)(2). Thus, if the responding party fails to respond to the RFA, resulting in a deemed admission (see Tex. R. Civ. P. 198.2(c)), or if the responding party expressly admits any matters in the response, you should file the RFAs and responses, along with a certificate attesting to proper service of the RFAs, as needed to establish the matters admitted at trial or in other proceedings in the case, such as a motion for summary judgment. Attorneys are generally required to file most documents electronically and are also required to electronically serve any e-filed documents through the state's electronic filing system. See Tex. R. Civ. P. 21(a), (f), 21a(a)(1). However, since discovery requests such as RFAs are generally not filed, at least initially, it appears that they may be served through one of the other methods authorized by Tex. R. Civ. P. 21a(a)(2) (i.e., in person delivery, mail, commercial delivery service, fax, or email). For discussion of electronic filing and service, see E-filing and E-service in State Court (TX). For procedures for service of documents that have not been electronically filed, see Filing and Serving Paper Documents Checklist (TX). Even in cases where you are not required to file the RFAs, you must retain an original or exact copy of the RFAs during the pendency of case and any related appellate proceedings begun within six months after judgment is signed, unless otherwise provided by the trial court. Tex. R. Civ. P. 191.4(d). For additional discussion of preparing RFAs, see Requests for Admission: Drafting and Serving RFAs (TX).