Use Requests for Admission
A Request for Admission asks the other side in your case to admit that a fact is true or that a document is authentic. If the other side admits that something is true or authentic, you will not need to prove that at trial. This can make your trial faster and less expensive.
Before you start
Ask the other side to admit facts that will prove your case
Ask for facts and documents that help you prove your case. Be sure to word your request so that you are helped if the fact is true. This is because if the other side fails to respond you can ask the court to consider the fact to be true.
- Admit that you entered into an agreement with the asking party on June 15, 2020.
- Admit that under the terms of the agreement, you agreed to pay to the asking party $500 per month until $5,000 was paid.
- Admit that you were exceeding the posted speed limit at the time of the subject motor vehicle collision on May 12, 2020.
Fill out a form and attach a list
Requests for admission form
You can create your own request for admissions or use Requests for Admission (form DISC-020). These instructions assume you are using the form DISC-020.
A list of what you want the other side to say is true or genuine
You'll need to list the facts that you ask the other side to admit are true, or documents that you ask the other side to admit are genuine. You can use Attachment to Judicial Council Form (form MC-025).
If you ask the other side to say a document is genuine, you need to attach a copy of the document as an exhibit.
Fill out Request for Admission form
- You can use Requests for Admission (form DISC-020).
Complete the top caption with your information and your case information.
If you are doing both, check both boxes.
Below the caption, write your name as the Requesting Party, write the name of the other party that you wish to respond as the Answering Party.
Print your name, and sign at the bottom of the form. The date and signature line in the middle of the page is part of the instructions, and does not need to be filled out.
Create the list
You can use Attachment to Judicial Council Form (form MISC-025).
At the top of the form, after the word “Attachment” write “1” or “2” depending on what you checked in the step above. Write your numbered list of facts on this page.
example wording: facts
Begin each fact with a number followed by the fact that you are asking the other side to admit. For example:
- You were using your cell phone on June 8, 2020 at the time of the collision.
- You are the owner of the 2008 Toyota Prius California license 6ABC123.
Example wording: documents
Begin each request with a number and the words “The document attached as exhibit (the number or letter of the exhibit) is a true and correct copy of...” followed by a description of what the document is.
- The document attached as exhibit A is a true and correct copy of the invoice for repairs made to your vehicle on Sept. 21, 2019.
- The document attached as Exhibit B is a true copy of the handwritten note that you provided to the plaintiff on June 20, 2020.
Continue your numbered list until you are done, writing one fact or one document per numbered item. If you selected both “truth of facts” and “genuineness of documents” you can use a second Attachment to Judicial Council Form.If your case is a limited civil case ($35,000 or less) you can request up to a total of 35 combined request for admissions, form interrogatories , special interrogatories, and requests for production.
IIf your case is an unlimited civil case (over $35,000) you may ask up to 35 special interrogatories, but may ask more with a declaration explaining the need for additional requests and a statement that the request is not done for an improper purpose. A Declaration (form MC-030) may be used, with the template language contained in Code of Civil Procedure Section 2033.050 and the reason it is permitted under Code of Civil Procedure Section 2033.040.
Make a copy of your requests for each attorney or self-represented party in your case. Keep the original for yourself.
Your next step will be to serve copies to each other attorney or self-represented party. You do not have to file anything with the court.