Requests for Admission - Family Law

REQUESTS FOR ADMISSION - FAMILY LAW

COURT CAPTION

IN THE [________________________________] COURT
[________________________________] COUNTY, STATE OF [________________________________]
FAMILY DIVISION

________________________________________

In re the Marriage of / In the Matter of:

[________________________________],
Petitioner, Case No.: [________________________________]

v. Division: [________________________________]

[________________________________], Judge: [________________________________]
Respondent.
________________________________________

PROPOUNDING PARTY INFORMATION

Propounding Party: ☐ Petitioner ☐ Respondent

Name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Propounding Party (if applicable):

Name: [________________________________]

Bar Number: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

REQUESTING PARTY'S REQUESTS FOR ADMISSION

SET NO.: [____]

TO: [________________________________] (☐ Petitioner / ☐ Respondent)

PRELIMINARY STATEMENT

The following Requests for Admission are propounded pursuant to [applicable rule of civil procedure] and are directed to the above-named party. These requests are continuing in nature and require supplementation if new or different information becomes available.

INSTRUCTIONS FOR RESPONDING PARTY

1. Governing Rules. These Requests for Admission are served pursuant to Federal Rule of Civil Procedure 36 (or the analogous state rule). You are required to respond within the time prescribed by law (typically thirty (30) days after service, or forty-five (45) days if served with the summons and complaint, unless otherwise ordered by the court or stipulated by the parties).

2. Manner of Response. Each Request for Admission must be responded to separately and fully in writing, under oath or penalty of perjury. Your response must either:
   - Admit the matter in whole;
   - Deny the matter in whole or in part with specificity;
   - State in detail the reasons why you cannot truthfully admit or deny the matter; or
   - Object to the request with a statement of the grounds for each objection.

3. Deemed Admitted. A matter is deemed admitted unless, within the time allowed for response, the party to whom the request is directed serves upon the requesting party a written answer or objection addressed to the matter. Pursuant to FRCP 36(a)(3), matters deemed admitted are conclusively established unless the court, on motion, permits withdrawal or amendment.

4. Good Faith Requirement. If you deny a request, you must do so fairly and in good faith. A denial must fairly respond to the substance of the matter. When good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest.

5. Lack of Information. An answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information known or readily obtainable is insufficient to enable an admission or denial.

6. Privilege. If any request calls for information that is protected by the attorney-client privilege, work product doctrine, or any other applicable privilege, you must identify the privilege claimed and describe the nature of the information withheld without revealing the privileged content.

7. Cost of Proof. Under FRCP 37(c)(2), if a party fails to admit a matter that is later proved at trial, the court may order the party to pay the reasonable expenses, including attorney's fees, incurred in proving that matter.

8. Continuing Obligation. If at any time you learn that a prior response is no longer accurate or complete, you must promptly supplement or correct your response as required by applicable rules.

DEFINITIONS

As used in these Requests for Admission, the following terms shall have the meanings set forth below:

1. "You," "Your," or "Responding Party" means the party to whom these requests are directed, including all agents, representatives, employees, attorneys, and any person acting on your behalf.

2. "Petitioner" means [________________________________], the petitioner in this action.

3. "Respondent" means [________________________________], the respondent in this action.

4. "Marriage" means the marriage between the parties in this action, including the period from the date of marriage through the date of separation or dissolution.

5. "Date of Separation" means the date on which the parties separated or the date one party communicated the intent to end the marriage, whichever is applicable under the law of the governing jurisdiction.

6. "Children" or "Minor Children" means all minor children born of or adopted during the marriage, including [________________________________].

7. "Community Property" or "Marital Property" means all property, whether real, personal, or mixed, acquired during the marriage that is subject to division under applicable state law.

8. "Separate Property" means all property owned by a party prior to the marriage, inherited by a party, or received as a gift to one party individually during the marriage, and any property traceable thereto.

9. "Income" means all earnings, wages, salary, commissions, bonuses, tips, dividends, interest, rental income, business income, retirement benefits, disability benefits, Social Security benefits, government benefits, trust distributions, and any other sources of money or compensation received.

10. "Document" means the original and all non-identical copies of any written, printed, typed, recorded, or graphic matter, including but not limited to papers, correspondence, emails, text messages, social media posts, electronically stored information, photographs, recordings, spreadsheets, accounting records, and any tangible thing on which information is stored or recorded.

11. "Communication" means any oral, written, or electronic exchange of information, including conversations, telephone calls, voicemails, emails, text messages, social media messages, letters, and any other means of conveying information.

12. "Person" means any natural person, corporation, partnership, association, government entity, or any other legal entity.

REQUESTS FOR ADMISSION

I. MARRIAGE AND SEPARATION

Request No. 1: Admit that you and [________________________________] were lawfully married on [__/__/____] in [________________________________].

Request No. 2: Admit that the parties separated on or about [__/__/____].

Request No. 3: Admit that the date of separation, as defined by applicable law, is [__/__/____].

Request No. 4: Admit that during the marriage, the parties resided together at [________________________________].

Request No. 5: Admit that irreconcilable differences have arisen between the parties leading to the irretrievable breakdown of the marriage.

Request No. 6: Admit that no reconciliation has been attempted since the date of separation.

Request No. 7: Admit that you have not entered into any subsequent marriage or domestic partnership since the date of separation.

II. CHILDREN AND CUSTODY

Request No. 8: Admit that there are [____] minor children born of or adopted during the marriage of the parties.

Request No. 9: Admit that [________________________________] (child's name) was born on [__/__/____] and is a minor child of the marriage.

Request No. 10: Admit that [________________________________] (child's name) was born on [__/__/____] and is a minor child of the marriage.

Request No. 11: Admit that you are the biological and/or legal parent of all minor children identified in the petition/complaint.

Request No. 12: Admit that no other custody proceeding involving the minor children is currently pending in any other court in this state or any other state or country.

Request No. 13: Admit that you have not filed a petition for custody or visitation of the minor children in any other jurisdiction.

Request No. 14: Admit that you have no objection to the court exercising jurisdiction over custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Request No. 15: Admit that the minor children have resided in the State of [________________________________] for at least six (6) consecutive months immediately preceding the filing of this action.

Request No. 16: Admit that [________________________________] has been the children's primary caretaker during the marriage.

Request No. 17: Admit that you have not been the subject of any child protective services investigation within the last five (5) years.

Request No. 18: Admit that the current parenting schedule provides that the children reside primarily with [________________________________].

Request No. 19: Admit that you have violated the current parenting time schedule on one or more occasions since [__/__/____].

Request No. 20: Admit that joint legal custody of the minor children is in the best interests of the children.

Request No. 21: Admit that neither party has been convicted of any crime involving domestic violence, child abuse, or child neglect.

Request No. 22: Admit that you do not intend to relocate with the minor children outside of [________________________________] County/State within the next twelve (12) months.

III. INCOME AND EMPLOYMENT

Request No. 23: Admit that your current employer is [________________________________].

Request No. 24: Admit that your current annual gross income from all sources is approximately $[________________________________].

Request No. 25: Admit that your current monthly gross income is approximately $[________________________________].

Request No. 26: Admit that you earned total gross income of $[________________________________] during the calendar year [____].

Request No. 27: Admit that you earned total gross income of $[________________________________] during the calendar year [____].

Request No. 28: Admit that you earned total gross income of $[________________________________] during the calendar year [____].

Request No. 29: Admit that you received a bonus, commission, or other supplemental compensation of $[________________________________] during the calendar year [____].

Request No. 30: Admit that you have the ability to earn income at a rate of at least $[________________________________] per year based on your education, training, and work experience.

Request No. 31: Admit that you are voluntarily underemployed or voluntarily unemployed.

Request No. 32: Admit that you have been served with the mandatory financial disclosure requirements applicable to this action.

Request No. 33: Admit that your financial disclosure statement filed in this action is true, accurate, and complete.

IV. ASSETS AND PROPERTY

Request No. 34: Admit that during the marriage, the parties acquired real property located at [________________________________].

Request No. 35: Admit that the real property located at [________________________________] has a current fair market value of approximately $[________________________________].

Request No. 36: Admit that the outstanding mortgage balance on the property located at [________________________________] is approximately $[________________________________].

Request No. 37: Admit that you own or have an interest in the following bank accounts: [________________________________].

Request No. 38: Admit that as of [__/__/____], the balance in the bank account at [________________________________] (institution) ending in [____] was approximately $[________________________________].

Request No. 39: Admit that you own or have an interest in a retirement account at [________________________________] (institution) with an approximate value of $[________________________________].

Request No. 40: Admit that you own or have an interest in a 401(k), 403(b), IRA, pension, or other retirement account that was funded in whole or in part during the marriage.

Request No. 41: Admit that you own or have an interest in an investment or brokerage account at [________________________________] (institution).

Request No. 42: Admit that you own or have an interest in life insurance policies with a combined face value of approximately $[________________________________].

Request No. 43: Admit that you own or have a legal or beneficial interest in a business known as [________________________________].

Request No. 44: Admit that [________________________________] (business name) had gross revenues of approximately $[________________________________] during the calendar year [____].

Request No. 45: Admit that the vehicle described as [________________________________] (year, make, model) is marital/community property.

Request No. 46: Admit that you have not dissipated, transferred, encumbered, concealed, or otherwise disposed of any marital/community assets since the date of separation without the other party's knowledge and consent.

Request No. 47: Admit that you have not opened any new bank accounts, credit accounts, or investment accounts since the date of separation without disclosing them to the other party.

Request No. 48: Admit that the personal property currently in your possession includes items of marital/community property.

Request No. 49: Admit that you have cryptocurrency or digital asset holdings with an approximate value of $[________________________________] as of [__/__/____].

V. DEBTS AND LIABILITIES

Request No. 50: Admit that during the marriage, the parties incurred joint debts totaling approximately $[________________________________].

Request No. 51: Admit that you currently owe a balance of approximately $[________________________________] on credit card account(s) at [________________________________].

Request No. 52: Admit that the credit card debt on the account at [________________________________] was incurred during the marriage for marital purposes.

Request No. 53: Admit that you owe student loan debt in the approximate amount of $[________________________________].

Request No. 54: Admit that you have not incurred any debts since the date of separation for which you seek contribution from the other party.

Request No. 55: Admit that you are current on all joint debt obligations.

VI. SUPPORT AND EXPENSES

Request No. 56: Admit that you have the financial ability to pay child support in the amount of $[________________________________] per month.

Request No. 57: Admit that the reasonable monthly expenses for the minor children total approximately $[________________________________].

Request No. 58: Admit that you currently pay $[________________________________] per month for health insurance premiums that cover the minor children.

Request No. 59: Admit that during the marriage, you maintained a standard of living that included monthly household expenses of approximately $[________________________________].

Request No. 60: Admit that you have not paid temporary support as ordered by the court on [__/__/____].

Request No. 61: Admit that you have the ability to pay spousal support/alimony to the other party.

VII. DOMESTIC VIOLENCE AND SAFETY

Request No. 62: Admit that no domestic violence restraining order or order of protection has been issued against you at any time.

Request No. 63: Admit that you have not committed any act of domestic violence against the other party or the minor children.

Request No. 64: Admit that you have not been arrested for or charged with any criminal offense involving domestic violence, assault, battery, or harassment.

Request No. 65: Admit that you do not possess any firearms in violation of any court order.

VIII. SUBSTANCE ABUSE AND MENTAL HEALTH

Request No. 66: Admit that you have not been diagnosed with or treated for any substance abuse disorder within the last five (5) years.

Request No. 67: Admit that you have not consumed alcohol to the point of intoxication while exercising parenting time with the minor children.

Request No. 68: Admit that you have not used any illegal controlled substance within the last two (2) years.

Request No. 69: Admit that you would submit to random drug and/or alcohol testing if ordered by the court.

IX. PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

Request No. 70: Admit that no prenuptial agreement was executed by the parties prior to the marriage.

Request No. 71: Admit that no postnuptial agreement was executed by the parties during the marriage.

Request No. 72: Admit that any prenuptial or postnuptial agreement between the parties was entered into voluntarily, with full financial disclosure, and with the opportunity to consult independent legal counsel.

X. INSURANCE AND BENEFITS

Request No. 73: Admit that you currently maintain health insurance coverage for the minor children through your employer or private plan.

Request No. 74: Admit that the cost of adding the minor children to your health insurance plan is approximately $[________________________________] per month.

Request No. 75: Admit that you are the named beneficiary on a life insurance policy owned by the other party.

Request No. 76: Admit that you have not changed the beneficiary designation on any life insurance, retirement account, or financial account since the filing of this action.

XI. TAX MATTERS

Request No. 77: Admit that you filed federal and state income tax returns for the tax years [____], [____], and [____].

Request No. 78: Admit that you claimed the minor children as dependents on your federal income tax return for the tax year [____].

Request No. 79: Admit that you received a tax refund of approximately $[________________________________] for the tax year [____].

Request No. 80: Admit that you have no outstanding tax liabilities or liens with the IRS or any state taxing authority.

XII. SOCIAL MEDIA AND DIGITAL COMMUNICATIONS

Request No. 81: Admit that you maintain active accounts on the following social media platforms: [________________________________].

Request No. 82: Admit that you have posted content on social media depicting your lifestyle, travel, or expenditures since the filing of this action.

Request No. 83: Admit that you have communicated with the other party via text message, email, or messaging application regarding the minor children since the filing of this action.

Request No. 84: Admit that you have not deleted any text messages, emails, social media posts, or other electronic communications relevant to this action since receiving notice of litigation.

XIII. MISCELLANEOUS

Request No. 85: Admit that the document attached hereto as Exhibit [____] is a true and correct copy of [________________________________].

Request No. 86: Admit that you signed the document attached hereto as Exhibit [____] on or about [__/__/____].

Request No. 87: Admit that the statements contained in the document attached hereto as Exhibit [____] are true and accurate.

Request No. 88: Admit that you have fully complied with all temporary orders issued by this Court in this matter.

Request No. 89: Admit that you have not attempted to influence the minor children's preferences regarding custody or parenting time.

Request No. 90: Admit that you agree that the best interests of the minor children should be the paramount consideration in determining custody and parenting time.

VERIFICATION

VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], the undersigned, declare under penalty of perjury
under the laws of the State of [________________________________] that I am the
☐ Petitioner / ☐ Respondent in the above-entitled action, that I have read the foregoing
Requests for Admission and know the contents thereof, and that the same are true of my
own knowledge except as to those matters stated on information and belief, and as to those
matters, I believe them to be true.

Executed on: [__/__/____]

At: [________________________________] (City, State)

______________________________
[________________________________]
Propounding Party

______________________________
[________________________________]
Attorney for Propounding Party (if applicable)
Bar No.: [________________________________]

CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing
REQUESTS FOR ADMISSION, SET NO. [____], on the following party/counsel of record
by the method indicated below:

☐ Personal Service
☐ United States Mail, First Class, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Overnight Delivery Service
☐ Electronic Service via [________________________________]
☐ Facsimile to [________________________________]
☐ Email to [________________________________]
☐ Court Electronic Filing System (e-filing)

Served upon:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
(Name, Address, Telephone, Email of Opposing Party or Counsel)

______________________________
[________________________________]
Signature

______________________________
Date: [__/__/____]

PRACTICE NOTES AND GUIDANCE

Scope and Purpose of Requests for Admission in Family Law

Requests for Admission serve a critical function in family law litigation by narrowing the issues for trial, establishing uncontested facts, and reducing the cost and burden of proof. Unlike interrogatories and requests for production, which seek to discover new information, requests for admission seek to confirm facts and eliminate the need to prove them at hearing or trial.

Key Procedural Considerations

1. Response Deadline. Under FRCP 36, the responding party has 30 days to respond. State rules vary:
   - California: CCP Section 2033.250 provides 30 days after service (35 days if served by mail within California; 40 days if served by mail outside California).
   - New York: CPLR Section 3123 provides 20 days after service.
   - Texas: TRCP Rule 198.2 provides 30 days after service.
   - Florida: FRCP 1.370 provides 30 days after service.

2. Numerical Limits. Some jurisdictions impose limits on the number of requests:
   - California: CCP Section 2033.030 limits requests to 35 without a declaration of necessity.
   - Federal: No numerical limit under FRCP 36, but local rules may impose limits.
   - Texas: No specific limit, but requests must be reasonable and not unduly burdensome.

3. Deemed Admissions. Failure to timely respond results in matters being deemed admitted:
   - FRCP 36(a)(3): Matters are automatically deemed admitted.
   - California: CCP Section 2033.280 provides for deemed admissions and cost of proof sanctions.
   - Deemed admissions may be withdrawn only upon motion showing that (a) the admission was the result of mistake, inadvertence, or excusable neglect, and (b) the party requesting admission will not be substantially prejudiced.

4. Cost of Proof Sanctions. Under FRCP 37(c)(2) and analogous state rules, if a party fails to admit a matter that is later proved at trial, the court may order the party that failed to admit to pay the reasonable expenses, including attorney's fees, incurred in proving the matter.

Family Law-Specific Considerations

• Financial Disclosures. Many jurisdictions require mandatory financial disclosures in family law cases (e.g., California Family Code Section 2100 et seq.; Florida Family Law Rule 12.285). Requests for Admission can be used to confirm the accuracy of these disclosures.

• Best Interest Factors. Requests related to custody should be crafted to address the statutory best interest factors in your jurisdiction.

• Domestic Violence. Be cautious when propounding requests regarding domestic violence history. Consider the impact on safety planning and protective orders.

• UCCJEA. Include jurisdictional requests to establish the court's authority under the Uniform Child Custody Jurisdiction and Enforcement Act (adopted in all 50 states and the District of Columbia).

Meet and Confer Requirements

Many jurisdictions require the parties to meet and confer in good faith before filing a motion to compel further responses to discovery. Document all meet and confer efforts in writing. Common requirements include:

• California: CCP Section 2033.290(b) requires a meet and confer declaration.
• Federal: FRCP 37(a)(1) requires certification that the movant has in good faith conferred or attempted to confer with the party failing to respond.
• Texas: TRCP Rule 191.2 encourages informal resolution of discovery disputes.

Modifying for Your Jurisdiction

This template provides a comprehensive set of requests. You should:

1. Remove or modify requests that are not relevant to your case.
2. Add jurisdiction-specific requests as warranted by local law.
3. Verify compliance with any local court rules regarding formatting, page limits, or filing requirements.
4. Ensure the number of requests complies with any jurisdictional limits.
5. Tailor requests to the specific facts and issues of your case.

SOURCES AND REFERENCES

• Federal Rule of Civil Procedure 36 (Requests for Admission): https://www.law.cornell.edu/rules/frcp/rule_36
• Federal Rule of Civil Procedure 37 (Failure to Make Disclosures or to Cooperate in Discovery; Sanctions): https://www.law.cornell.edu/rules/frcp/rule_37
• Federal Rule of Civil Procedure 26 (Duty to Disclose; General Provisions Governing Discovery): https://www.law.cornell.edu/rules/frcp/rule_26
• California Code of Civil Procedure Sections 2033.010-2033.420: https://leginfo.legislature.ca.gov
• New York CPLR Section 3123: https://www.nysenate.gov/legislation/laws/CVP/3123
• Texas Rule of Civil Procedure 198: https://www.txcourts.gov/rules-forms/rules-standards
• Florida Rule of Civil Procedure 1.370: https://www.floridabar.org
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)