Colorado State Court Requests for Admission

DISTRICT COURT, [________________________________] COUNTY, COLORADO

Court Address: [________________________________]

[PLAINTIFF'S / DEFENDANT'S] FIRST REQUESTS FOR ADMISSION TO [RESPONDING PARTY]

PROPOUNDING / RESPONDING PARTY INFORMATION

I. INTRODUCTORY STATEMENT

Pursuant to Colo. R. Civ. P. 36 and Colo. R. Civ. P. 26, Propounding Party [________________________________] ("Propounding Party") hereby requests that Responding Party [________________________________] ("Responding Party" or "You") admit, for purposes of this action only, the truth of the matters of fact, opinions of fact, and applications of law to fact set forth below, and the genuineness of the documents identified below.

1. Scope. Under Colo. R. Civ. P. 36(a), a party may serve on any other party a written request for the admission of the truth of any matters within the scope of Colo. R. Civ. P. 26(b) that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request.

2. Proportionality. These Requests are within the scope of Colo. R. Civ. P. 26(b)(1), which permits discovery of any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case.

3. Number of Requests. Under Colo. R. Civ. P. 36(a), leave of court — consistent with Colo. R. Civ. P. 16(b)(1) and 26(b) — must be obtained to serve more requests for admission than the number set forth in the Case Management Order. The number of Requests in this set does not exceed the number permitted by the Case Management Order unless such leave has been obtained.

4. Genuineness of Documents. Copies of any documents whose genuineness is requested are served with these Requests, unless they have been or are otherwise furnished or made available for inspection and copying. Colo. R. Civ. P. 36(a).

II. DEADLINE FOR RESPONSE AND DEEMED-ADMITTED WARNING

Response Deadline. Pursuant to Colo. R. Civ. P. 36(a), each matter is admitted unless, within thirty-five (35) days after service of the request — or within such shorter or longer time as the court may allow or as the parties may agree to in writing pursuant to Colo. R. Civ. P. 29 — the Responding Party serves upon the Propounding Party a written answer or objection addressed to the matter, signed by the party or the party's attorney. Where service is made by mail, three (3) days are added to the prescribed period pursuant to Colo. R. Civ. P. 6(e).

WARNING — FAILURE TO RESPOND RESULTS IN ADMISSION. Under Colo. R. Civ. P. 36(a), any matter for which a written answer or objection is not served within the time allowed is automatically deemed admitted and conclusively established for purposes of this action under Colo. R. Civ. P. 36(b). No motion or court order is required for the admission to take effect.

If an objection is made, the reasons therefor must be stated. The answer must specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny it. A denial must fairly meet the substance of the requested admission, and where good faith requires that the answering party qualify an answer or deny only part of a matter, the party must specify so much of it as is true and qualify or deny the remainder. Colo. R. Civ. P. 36(a).

III. DEFINITIONS

For purposes of these Requests, the following terms have the meanings set forth below. These definitions apply regardless of capitalization. Undefined terms shall be given their customary meaning under the Colorado Rules of Civil Procedure.

1. "You," "Your," or "Responding Party" means [________________________________], together with all present and former parents, subsidiaries, affiliates, divisions, officers, directors, managers, members, partners, employees, agents, representatives, insurers, and attorneys, and all other persons or entities acting or purporting to act on Responding Party's behalf.

2. "Document" and "ESI" (Electronically Stored Information) are used in the broadest sense permitted under Colo. R. Civ. P. 34(a), and include writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium, including drafts, non-identical copies, and metadata.

3. "Communication" means any transmission of information by any means, whether oral, written, or electronic.

4. "Admit" means to acknowledge unequivocally the truth of the matter or the genuineness of the document stated in the Request, without qualification, unless a good-faith qualification is expressly stated as permitted by Colo. R. Civ. P. 36(a).

5. "Genuine" or "genuineness," as applied to a document, means that the document is what it purports to be, that it was prepared, executed, sent, or received as it appears, and (where applicable) that it has not been altered since its execution.

6. "Relating to," "Concerning," or "Referring to" means constituting, evidencing, describing, mentioning, reflecting, referring to, regarding, or in any way pertaining to, in whole or in part.

7. "Incident" means the events, acts, omissions, and circumstances giving rise to this action, as described in the operative pleadings.

8. "Person" means any natural person, corporation, limited liability company, partnership, association, governmental body, or other legal entity.

IV. INSTRUCTIONS

1. Separate Answer to Each Request. Each matter of which an admission is requested is separately set forth. The Responding Party must answer each Request separately and in the same sequence and numbering used here. Colo. R. Civ. P. 36(a).

2. Reasonable Inquiry. Pursuant to Colo. R. Civ. P. 36(a), the answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that it has made reasonable inquiry and that the information known or readily obtainable by it is insufficient to enable it to admit or deny.

3. Genuineness Issue Not a Bar. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to Colo. R. Civ. P. 37(c), deny the matter or set forth the reasons why it cannot admit or deny it. Colo. R. Civ. P. 36(a).

4. Objections. The grounds for any objection must be stated. If only part of a Request is objectionable, the remainder must be answered.

5. Documents. A copy of each document whose genuineness is requested is attached or has been made available for inspection and copying. An admission of the genuineness of a document does not waive any objection to its competency or relevancy at trial.

6. Effect of Admission; Conclusively Established. Pursuant to Colo. R. Civ. P. 36(b), any matter admitted (by answer or by failure to respond) is conclusively established in this action unless the court, on motion, permits withdrawal or amendment of the admission. An admission is for the purpose of this action only and is not an admission for any other purpose, nor may it be used against the Responding Party in any other proceeding.

7. Withdrawal or Amendment. Subject to Colo. R. Civ. P. 16, the court may permit withdrawal or amendment of an admission only when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining its action or defense on the merits. Colo. R. Civ. P. 36(b).

8. Construction. The singular includes the plural and vice versa; "and" and "or" shall be construed conjunctively or disjunctively as necessary to bring within the scope of these Requests all matters that might otherwise be construed outside their scope.

V. REQUESTS FOR ADMISSION — MATTERS OF FACT AND APPLICATION OF LAW TO FACT

REQUEST FOR ADMISSION NO. 1: Admit that the Incident occurred on [__/__/____].

REQUEST FOR ADMISSION NO. 2: Admit that, at the time of the Incident, You were [describe role/relationship].

REQUEST FOR ADMISSION NO. 3: Admit that You [describe conduct alleged, e.g., entered into the agreement attached as Exhibit A].

REQUEST FOR ADMISSION NO. 4: Admit that You received the [document/communication] described in Paragraph [____] of the operative pleading.

REQUEST FOR ADMISSION NO. 5: Admit that You did not [perform the act / make the payment / provide the notice] described in Paragraph [____] of the operative pleading.

REQUEST FOR ADMISSION NO. 6: Admit that the amount of [$____________] remains unpaid under the agreement at issue.

REQUEST FOR ADMISSION NO. 7: Admit that You owed a duty of [care / performance] to Propounding Party with respect to [________________________________].

REQUEST FOR ADMISSION NO. 8: Admit that You breached the duty referenced in Request No. 7.

REQUEST FOR ADMISSION NO. 9: Admit that Propounding Party sustained damages as a result of the Incident.

REQUEST FOR ADMISSION NO. 10: Admit that You have no documents supporting Your affirmative defense of [________________________________].

REQUEST FOR ADMISSION NO. 11: Admit that [describe an application of law to fact, e.g., the agreement attached as Exhibit A is an enforceable contract between You and Propounding Party].

REQUEST FOR ADMISSION NO. 12: [________________________________]

REQUEST FOR ADMISSION NO. 13: [________________________________]

REQUEST FOR ADMISSION NO. 14: [________________________________]

VI. REQUESTS FOR ADMISSION — GENUINENESS OF DOCUMENTS

REQUEST FOR ADMISSION NO. 15: Admit that the document attached hereto as Exhibit [____] ([describe / Bates Nos. ____ through ____]) is genuine.

REQUEST FOR ADMISSION NO. 16: Admit that the document attached hereto as Exhibit [____] is a true and correct copy of the [contract / letter / email / record] dated [__/__/____].

REQUEST FOR ADMISSION NO. 17: Admit that the document attached hereto as Exhibit [____] was [sent / received / executed] by You on or about [__/__/____].

REQUEST FOR ADMISSION NO. 18: Admit that the signature appearing on the document attached hereto as Exhibit [____] is Your signature (or the signature of Your authorized agent).

REQUEST FOR ADMISSION NO. 19: [________________________________]

REQUEST FOR ADMISSION NO. 20: [________________________________]

VII. DEADLINE AND COST-OF-PROOF NOTICE

The Responding Party is reminded that a written answer or objection is due within thirty-five (35) days of service (plus three days if served by mail), failing which each matter herein is deemed admitted and conclusively established under Colo. R. Civ. P. 36.

Expenses on Failure to Admit. Pursuant to Colo. R. Civ. P. 37(c), if the Responding Party fails to admit the genuineness of any document or the truth of any matter requested herein, and the Propounding Party thereafter proves the genuineness of that document or the truth of that matter, the Propounding Party may apply to the court for an order requiring the Responding Party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees, subject to the exceptions stated in the rule (e.g., the request was objectionable, the admission was of no substantial importance, the party had reasonable ground to believe it would prevail, or there was other good reason for the failure to admit).

VIII. SIGNATURE

Dated: [__/__/____]

Respectfully submitted,

Signature: [________________________________]
[________________________________], Atty. Reg. No. [____________]
Attorney for [Propounding Party]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

IX. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing [PLAINTIFF'S / DEFENDANT'S] FIRST REQUESTS FOR ADMISSION TO [RESPONDING PARTY] was served upon counsel of record (or upon the party, if unrepresented) by the method indicated below, in accordance with Colo. R. Civ. P. 5:

☐ Through the Colorado Courts E-Filing (CCEF) system
☐ By electronic mail (by consent or order)
☐ By first-class United States mail, postage prepaid
☐ By hand delivery
☐ Other: [________________________________]

Served upon:

[________________________________], Esq.
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Email)
Atty. Reg. No.: [________________________________]

Signature: [________________________________]

X. PRACTICE NOTES

1. 35-Day Response Deadline; Automatic Admission. Under Colo. R. Civ. P. 36(a), a written answer or objection is due within 35 days after service (plus 3 days if served by mail under C.R.C.P. 6(e)). Any matter not timely answered is automatically deemed admitted — no motion is required. This auto-admission consequence is the defining feature of requests for admission. Calendar the deadline carefully.

2. Number of Requests. Leave of court (consistent with C.R.C.P. 16(b)(1) and 26(b)) is required to exceed the number of requests for admission set in the Case Management Order. Confirm the CMO before serving.

3. Reasonable Inquiry. A party may not plead lack of information unless it has made reasonable inquiry and the information known or readily obtainable is insufficient. C.R.C.P. 36(a).

4. Conclusively Established; Withdrawal. An admitted matter is conclusively established unless the court permits withdrawal or amendment on motion, applying the two-part standard in C.R.C.P. 36(b) (merits subserved; no prejudice to the party who obtained the admission).

5. Cost-of-Proof Sanctions. If a denied matter is later proven, the court may order the responding party to pay the reasonable expenses, including attorney's fees, of making that proof. C.R.C.P. 37(c). Draft requests addressing matters of substantial importance to strengthen a later motion.

6. Not Filed With the Court. Under C.R.C.P. 5 and 121, requests for admission and responses are generally served, not filed, except as required in connection with a motion.

XI. SOURCES AND REFERENCES

• Colo. R. Civ. P. 36 — Requests for Admission
• Colo. R. Civ. P. 36(a) — Scope; 35-Day Response; Genuineness of Documents; Reasonable Inquiry
• Colo. R. Civ. P. 36(b) — Effect of Admission; Conclusively Established; Withdrawal or Amendment
• Colo. R. Civ. P. 26(b)(1) — Scope and Proportionality of Discovery
• Colo. R. Civ. P. 26(d) — Timing and Sequence of Discovery
• Colo. R. Civ. P. 29 — Stipulations Regarding Discovery Procedure
• Colo. R. Civ. P. 16(b) — Case Management Order; Limits on Discovery
• Colo. R. Civ. P. 37(a), 37(c) — Sanctions; Expenses on Failure to Admit
• Colo. R. Civ. P. 5 — Service and Filing of Papers
• Colo. R. Civ. P. 6 — Time; Additional Time After Service by Mail
• Colo. R. Civ. P. 121, § 1-12 — Duty to Confer
• Colorado Judicial Branch (Rules and Forms): https://www.coloradojudicial.gov
• Colorado Rules of Civil Procedure (Court Rules): https://www.courts.state.co.us

This template is designed for use in the Colorado District Court. Verify all C.R.C.P. citations, confirm the Case Management Order's limit on the number of requests and any modified discovery deadlines, attach copies of any documents whose genuineness is requested, and tailor each request to the specific claims and defenses at issue. Have the document reviewed by a licensed Colorado attorney before service.