Arizona State Court Requests for Admission

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [____________]

CASE NO.: [____________]

(Assigned to the Hon. [____________])

Discovery Tier: ☐ Tier 1 ☐ Tier 2 ☐ Tier 3

[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 Arizona 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 facts, the application of law to fact, opinions about either, and the genuineness of the documents described herein — each of which is within the scope of discovery under Ariz. R. Civ. P. 26(b)(1).

Time for Response — Auto-Admission Warning. Each matter set forth below WILL BE DEEMED ADMITTED unless, within thirty (30) days after being served, the Responding Party serves upon the Requesting Party a written answer or objection addressed to the matter, signed by the party or its attorney. Ariz. R. Civ. P. 36(a). Subject to compliance with Rule 26(f)(1) by the party serving discovery, a defendant may serve its answers and any objections within sixty (60) days after service — or execution of a waiver of service — of the summons and complaint. A shorter or longer time may be agreed to by the parties or ordered by the court. A matter admitted — whether by answer or by failure to respond — is conclusively established unless the court permits its withdrawal or amendment under Ariz. 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].

2. "Document" includes any writing, drawing, graph, chart, photograph, sound recording, image, electronically stored information ("ESI"), or other data or data compilation stored in any medium, as contemplated by Ariz. R. Civ. P. 34(a)(1)(A).

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 Ariz. 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 stated. Ariz. R. Civ. P. 36(a)(2).

2. Form of Answer — Admit, Deny, or Qualify. As to each Request, if a matter is not admitted, the answer must specifically deny it or state in detail why You cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that You qualify an answer or deny only part of a matter, the answer must specify the part admitted and qualify or deny the rest. Ariz. R. Civ. P. 36(a).

3. Duty of Reasonable Inquiry. You may assert lack of knowledge or information as a reason for failing to admit or deny only if You state that You have made reasonable inquiry and that the information You know or can readily obtain is insufficient to enable You to admit or deny. Ariz. R. Civ. P. 36(a).

4. Genuineness of Documents. Where a Request seeks an admission of the genuineness of a document, a copy accompanies these Requests unless it has otherwise been furnished or made available for inspection and copying. Ariz. R. Civ. P. 36(a)(2).

5. Objections. The grounds for objecting to a Request must be stated. You must not object to a Request solely on the ground that it presents a genuine issue for trial. Ariz. R. Civ. P. 36(a)(6).

6. Tiered Discovery Limits. This Action is subject to the tiered discovery limits of Ariz. R. Civ. P. 26.2. Each side (plaintiffs collectively, defendants collectively, and third-party defendants collectively) is limited to ten (10) requests for admission in Tier 1 or Tier 2, or twenty (20) in Tier 3, unless additional discovery is authorized under Rule 26.2(g). Count every request served, including requests about the genuineness of documents. This document is a selection bank: delete and renumber requests so the served set, together with earlier requests from the same side, stays within the limit unless a qualifying stipulation has been filed or a court order permits more.

7. Effect of Failure to Respond. Each matter is admitted unless a written answer or objection is timely served. Ariz. 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; unless the court finds an objection justified, it must order that an answer be served, and if it finds an answer does not comply with the rule, it may order that the matter is admitted or that an amended answer be served. Rule 37(e) applies to the award of expenses on such a motion. Ariz. R. Civ. P. 36(a).

8. Withdrawal or Amendment of Admissions. A matter admitted under Ariz. R. Civ. P. 36 is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to Ariz. R. Civ. P. 16, the court may permit withdrawal or amendment if it would promote the presentation of the merits of the Action and if the court is not persuaded that it would prejudice the Requesting Party in maintaining or defending the Action on the merits. Ariz. R. Civ. P. 36(b).

9. Scope. Each Request seeks an admission within the scope of Ariz. R. Civ. P. 26(b)(1) and proportional to the needs of the case. 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. Ariz. 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 the amount of [$____________] [was / was not] paid by You to [PARTY NAME] on or about [__/__/____].

Request for Admission No. 7

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. 8

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

Request for Admission No. 9

Admit that [ADDITIONAL FACT — DESCRIBE WITH SPECIFICITY].

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, TIERED LIMITS, 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 being served; subject to Rule 26(f)(1), a defendant may serve answers and objections within sixty (60) days after service (or waiver of service) of the summons and complaint, or within such other time as agreed or ordered. Ariz. R. Civ. P. 36(a). A matter admitted is conclusively established. Ariz. R. Civ. P. 36(b). The number of requests for admission, including those about documents, is subject to the per-side tiered limits of Ariz. R. Civ. P. 26.2(f) (10 in Tiers 1 and 2; 20 in Tier 3).

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, including reasonable attorney's fees, incurred in making that proof, unless the court finds that the request was held objectionable, the admission sought was of no substantial importance, You had a reasonable ground to believe You might prevail on the matter, or there was other good reason for the failure to admit. Ariz. R. Civ. P. 37(e).

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[State Bar of Arizona 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 any attached documents) upon all counsel of record (or upon unrepresented parties) by a method authorized under Ariz. R. Civ. P. 5, as follows:

☐ Transmission through an electronic filing service provider approved by the Administrative Office of the Courts to an attorney of record
☐ Email to the address(es) listed below, with the recipient's written consent or under a court order
☐ 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

• Ariz. 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)(1) relating to facts, the application of law to fact, opinions about either, and the genuineness of documents; the matter is admitted unless a written answer or objection is served within 30 days after being served (a defendant may serve answers and objections within 60 days after service or waiver of service of the summons and complaint, subject to Rule 26(f)(1)). Lack-of-knowledge answers require reasonable inquiry; a party may not object solely because the matter presents a genuine issue for trial.
• Ariz. R. Civ. P. 36(b) — Effect of an Admission; conclusively established; withdrawal or amendment permitted on motion, subject to Rule 16, if it promotes the merits and would not prejudice the requesting party.
• Ariz. R. Civ. P. 26(b)(1) — Scope of discovery; relevance and proportionality.
• Ariz. R. Civ. P. 26.2 — Tiered Limits to Discovery Based on Attributes of Cases. Rule 26.2(f) limits each side to ten (10) requests for admission in Tiers 1 and 2, and twenty (20) in Tier 3, including document requests; over-limit discovery is available by filed stipulation or motion under Rule 26.2(g).
• Ariz. R. Civ. P. 37(e) — Expenses on failure to admit; cost of proof (reasonable expenses and attorney's fees) where the matter is later proved.
• Ariz. R. Civ. P. 5 — Serving Pleadings and Other Documents.
• Arizona Judicial Branch, Rules of Civil Procedure: https://www.azcourts.gov/rules