Alabama State Court Requests for Admission

IN THE CIRCUIT COURT OF [____________] COUNTY, ALABAMA

CIVIL ACTION NO.: [__-CV-20__-______]

[PROPOUNDING PARTY]'S FIRST REQUESTS FOR ADMISSION TO [RESPONDING PARTY]

TO: [RESPONDING PARTY NAME], and its attorney(s) of record, [OPPOSING COUNSEL NAME].

Pursuant to Rule 36 of the Alabama Rules of Civil Procedure, [PROPOUNDING PARTY] ("Requesting Party") requests that [RESPONDING PARTY] ("Responding Party") admit, for the purposes of the above-captioned action only, the truth of each of the matters set forth below — including statements or opinions of fact, the application of law to fact, and the genuineness of the documents described herein — each of which is within the scope of discovery under Ala. R. Civ. P. 26(b).

Time for Response — Auto-Admission Warning. Each matter set forth below WILL BE DEEMED ADMITTED unless, within thirty (30) days after service of these Requests (or within such shorter or longer time as the court may allow), the Responding Party serves upon the Requesting Party a written answer or objection addressed to the matter, signed by the party or by the party's attorney. Ala. R. Civ. P. 36(a). However, unless the court shortens the time, a defendant is not required to serve answers or objections before the expiration of forty-five (45) days after service of the summons and complaint upon that defendant. A matter admitted — whether by answer or by failure to respond — is conclusively established unless the court permits its withdrawal or amendment under Ala. R. Civ. P. 36(b).

I. DEFINITIONS

The following definitions apply to each Request and are deemed incorporated into each numbered Request below.

1. "You," "Your," and "Responding Party" mean [RESPONDING PARTY NAME] and any agent, employee, representative, attorney, accountant, insurer, or other person acting or purporting to act on its behalf.

2. "Document" is used in the broadest sense permitted by Ala. R. Civ. P. 34 and includes any writing, drawing, graph, chart, photograph, sound recording, image, electronically stored information ("ESI"), and other data or data compilation stored in any medium, including originals, drafts, and non-identical copies bearing any notation or marking.

3. "Communication" means any transmission of information of any kind, whether oral, written, or electronic, including letters, memoranda, emails, text messages, notes, and records of telephone or in-person conversations.

4. "Person" means any natural person, corporation, partnership, limited liability company, association, governmental entity, or other organization.

5. "Relating to," "relate to," or "concerning" means referring to, describing, evidencing, constituting, comprising, reflecting, discussing, mentioning, supporting, or contradicting, in whole or in part.

6. "The Action" means the above-captioned lawsuit.

7. "Admit" means to acknowledge the truth or genuineness of the matter stated, in whole or in part, as provided in Ala. R. Civ. P. 36.

8. "The Incident" means the [EVENT / TRANSACTION / OCCURRENCE] that is the subject of the Action, occurring on or about [__/__/____].

II. INSTRUCTIONS

1. Separate Statement of Each Matter. Each matter of which an admission is requested is separately set forth. Ala. R. Civ. P. 36(a). In responding, repeat each Request immediately before the answer or objection.

2. Form of Answer — Admit, Deny, or Qualify. As to each Request, You must either (a) admit the matter; (b) specifically deny it; or (c) set forth in detail the reasons why You cannot truthfully admit or deny it. A denial must fairly meet the substance of the requested admission. When good faith requires that You qualify an answer or deny only part of a matter, You must specify so much of it as is true and qualify or deny the remainder. Ala. R. Civ. P. 36(a).

3. Duty of Reasonable Inquiry. You may not give lack of information or knowledge as a reason for failure to admit or deny unless You state that You have made reasonable inquiry and that the information known or readily obtainable by You is insufficient to enable You to admit or deny. Ala. R. Civ. P. 36(a).

4. Genuineness of Documents. Where a Request seeks an admission of the genuineness of a document, a copy of that document is served with these Requests (or has been otherwise furnished or made available for inspection and copying), as required by Ala. R. Civ. P. 36(a). An admission of genuineness establishes that the document is what it purports to be.

5. Objections. If You object to a Request, the reasons must be stated. You may not object to a Request solely on the ground that the matter presents a genuine issue for trial; instead, subject to Ala. R. Civ. P. 37(c), You may deny the matter or set forth the reasons why You cannot admit or deny it. Ala. R. Civ. P. 36(a). If part of a Request is objectionable, respond to the remainder.

6. Effect of Failure to Respond. Each matter is admitted unless a timely written answer or objection is served within the time allowed by Ala. R. Civ. P. 36(a). A matter so admitted is conclusively established for purposes of the Action. The Requesting Party may move to determine the sufficiency of any answer or objection; if the court determines an answer does not comply with the rule, it may order that the matter is admitted or that an amended answer be served. Ala. R. Civ. P. 36(a); 37(a)(4).

7. Withdrawal or Amendment of Admissions. A matter admitted under Ala. R. Civ. P. 36 may be withdrawn or amended only by leave of court on motion. Subject to Ala. R. Civ. P. 16 (governing amendment of a pretrial order), the court may permit withdrawal or amendment when the presentation of the merits will be subserved and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits. Ala. R. Civ. P. 36(b).

8. Scope. Each Request seeks an admission within the scope of Ala. R. Civ. P. 26(b). An admission under this rule is for the purposes of the Action only and is not an admission for any other purpose, nor may it be used against You in any other proceeding. Ala. R. Civ. P. 36(b).

III. REQUESTS FOR ADMISSION

A. Admissions of Fact

Request for Admission No. 1

Admit that on or about [__/__/____], [FACTUAL STATEMENT — e.g., "You were the owner of the vehicle described as ____________"].

Request for Admission No. 2

Admit that You entered into the [AGREEMENT / CONTRACT] dated [__/__/____] with [PARTY NAME].

Request for Admission No. 3

Admit that You received the [DOCUMENT / NOTICE / DEMAND] described as [____________] on or about [__/__/____].

Request for Admission No. 4

Admit that [PERSON / ENTITY] was acting within the course and scope of [his/her/its] [employment / agency] with You at the time of the Incident.

Request for Admission No. 5

Admit that You [TOOK / FAILED TO TAKE] the following action: [DESCRIBE ACT OR OMISSION].

Request for Admission No. 6

Admit that You have no documents that [SUPPORT / CONTRADICT] the allegation that [____________].

Request for Admission No. 7

Admit that the amount of [$____________] [was / was not] paid by You to [PARTY NAME] on or about [__/__/____].

Request for Admission No. 8

Admit that [FACTUAL STATEMENT REGARDING NOTICE / KNOWLEDGE — e.g., "You had actual knowledge of the condition described in Paragraph ____ of the Complaint prior to the Incident"].

Request for Admission No. 9

Admit that You are not asserting [SPECIFIED DEFENSE / CLAIM] in this Action.

Request for Admission No. 10

Admit that [ADDITIONAL FACT — DESCRIBE WITH SPECIFICITY].

B. Genuineness of Documents

Request for Admission No. 11

Admit that the document attached as Exhibit A (a [DESCRIBE — e.g., "contract dated __/__/____"]) is a genuine and authentic copy of the original.

Request for Admission No. 12

Admit that the document attached as Exhibit B (a [DESCRIBE]) is a true and accurate copy of a record kept by You in the ordinary course of business.

Request for Admission No. 13

Admit that the [LETTER / EMAIL / TEXT MESSAGE] attached as Exhibit C was [sent by / received by] You on or about [__/__/____].

Request for Admission No. 14

Admit that the signature appearing on the document attached as Exhibit D is the genuine signature of [NAME].

Request for Admission No. 15

Admit that the [PHOTOGRAPH / VIDEO / DIAGRAM] attached as Exhibit E fairly and accurately depicts the [SCENE / CONDITION / PROPERTY] as it existed on or about [__/__/____].

C. Application of Law to Fact

Request for Admission No. 16

Admit that the [AGREEMENT / CONTRACT] attached as Exhibit [__] constitutes a valid and enforceable contract between You and [PARTY NAME].

Request for Admission No. 17

Admit that You breached the [AGREEMENT / DUTY] by [DESCRIBE CONDUCT].

Request for Admission No. 18

Admit that the [STATUTE / REGULATION / STANDARD] identified as [____________] applied to Your conduct at the time of the Incident.

Request for Admission No. 19

Admit that [PARTY NAME] is liable to [PARTY NAME] for the damages alleged in [Count ____ of the Complaint].

Request for Admission No. 20

Admit that [ADDITIONAL APPLICATION OF LAW TO FACT — DESCRIBE WITH SPECIFICITY].

IV. NOTE ON DEADLINE AND COST-OF-PROOF CONSEQUENCES

Each matter set forth above will be deemed admitted unless a written answer or objection is served within thirty (30) days after service of these Requests (a defendant is not required to serve answers or objections before forty-five (45) days after service of the summons and complaint), or within such other time as the court allows. Ala. R. Civ. P. 36(a). A matter admitted is conclusively established. Ala. R. Civ. P. 36(b).

If You fail to admit the genuineness of a document or the truth of a matter requested, and the Requesting Party thereafter proves the genuineness of the document or the truth of the matter, the Requesting Party may apply to the court for an order requiring You to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees, unless the court finds that the request was objectionable, the admission sought was of no substantial importance, You had reasonable ground to believe You might prevail on the matter, or there was other good reason for the failure to admit. Ala. R. Civ. P. 37(c).

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[Ala. Bar No. ____-___-____]
[Firm Name]
[Street Address]
[City, State ZIP]
[Phone] | [Email]

VI. CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of ______________, 20____, I served a true and correct copy of the foregoing [PROPOUNDING PARTY]'S FIRST REQUESTS FOR ADMISSION (together with the documents referenced for admission of genuineness) upon all counsel of record (or upon unrepresented parties) by a method authorized under Ala. R. Civ. P. 5, as follows:

☐ Electronic service through the AlaFile e-filing system
☐ Email to the address(es) of record
☐ U.S. Mail, first-class, postage prepaid
☐ Hand delivery
☐ Other: [____________]

Addressed to:

[OPPOSING COUNSEL / PARTY NAME]
[Street Address]
[City, State ZIP]
[Email]

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]

SOURCES & REFERENCES

• Ala. R. Civ. P. 36 — Requests for Admission. Rule 36(a): a party may request admission of the truth of matters within the scope of Rule 26(b) relating to statements or opinions of fact, the application of law to fact, and the genuineness of documents (copies served with the request unless already furnished); the matter is admitted unless a written answer or objection is served within 30 days (a defendant is not required to serve before 45 days after service of the summons and complaint). Lack-of-knowledge answers require reasonable inquiry; a party may not object solely because the matter presents a genuine issue for trial.
• Ala. R. Civ. P. 36(b) — Effect of Admission; a matter admitted is conclusively established; withdrawal or amendment permitted on motion, subject to Rule 16, where it subserves the merits and does not prejudice the requesting party.
• Ala. R. Civ. P. 26 — General Provisions Governing Discovery; scope, Ala. R. Civ. P. 26(b).
• Ala. R. Civ. P. 37(c) — Expenses on failure to admit; cost of proof (reasonable expenses and attorney's fees) where the matter is later proved.
• Ala. R. Civ. P. 37(a)(4) — Award of expenses on a motion to determine the sufficiency of answers or objections.
• Ala. R. Civ. P. 5 — Service and Filing of Pleadings and Other Papers.
• Alabama Judicial System, Rules of Civil Procedure: https://judicial.alabama.gov/library/rules