Why Requests to Admit Need Immediate Attention

Identify the document when it arrives

Rule 216 requests have specific service and warning requirements. They should be reviewed promptly rather than placed at the bottom of a general discovery pile. The rule uses a 28-day response period. Counsel should confirm the service date, method, applicable computation rules, and any court order affecting the response. An informal conversation about the request does not replace the required response.

Answer each proposition accurately

A response may admit, specifically deny under oath, explain in detail why the matter cannot truthfully be admitted or denied, or raise a proper written objection. If only part of a proposition is true, the answer should identify the true part and deny or qualify the rest. Blanket denials intended simply to make the other party prove everything can create unnecessary disputes and possible expense consequences.

Distinguish authenticity from the document's meaning

Admitting that a document is genuine does not necessarily mean agreeing with the legal conclusion the opponent draws from it. Counsel should examine the exact language of the request and any attached document. A bank statement might be authentic while the ownership or classification of the funds remains disputed. The response needs to preserve the actual disagreement without denying a fact that is plainly established.

Address missed responses promptly

A missed deadline should be brought to counsel's attention immediately. Do not assume that the court will disregard the problem because the requested fact is disputed or seems unfair. The available procedural response depends on the record and governing rules. Separately, Rule 219 addresses expenses when a party improperly refuses an admission and the requesting party later proves the matter. Careful, timely responses are usually less costly than correcting avoidable procedural disputes.

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