District of Columbia Superior Court Request for Admissions

IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Civil Action No.: [____________]

Calendar/Judge: [____________]

[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 Superior Court of the District of Columbia Rules of Civil Procedure ("D.C. Super. Ct. R. Civ. P."), [PROPOUNDING PARTY] ("Requesting Party") requests that [RESPONDING PARTY] ("Responding Party") admit, for purposes of the pending Action only, the truth of each of the matters set forth below — which relate to facts, the application of law to fact, or opinions about either, and to the genuineness of the documents described — each within the scope of discovery under D.C. Super. Ct. R. Civ. P. 26(b)(1).

Time for Response; Matters Deemed Admitted. Each matter is ADMITTED unless, within thirty (30) days after service of these Requests, the Responding Party serves on the Requesting Party a written answer or objection addressed to the matter, signed by the party or its attorney. D.C. Super. Ct. R. Civ. P. 36(a)(3). 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, or before the expiration of seventy-five (75) days after service upon the District of Columbia or its officer or agency, or the United States or its officer or agency. Id. A shorter or longer time may be stipulated to under Rule 29 or ordered by the Court.

Quoting Each Request. Pursuant to D.C. Super. Ct. R. Civ. P. 36(c), the Responding Party's answers and objections must identify and quote each Request in full immediately preceding the answer or objection.

I. DEFINITIONS

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

1. "Document" is synonymous in meaning and scope with the usage of that term in D.C. Super. Ct. R. Civ. P. 34(a) and includes any writing, drawing, graph, chart, photograph, sound recording, image, and other data or data compilation stored in any medium from which information can be obtained. The term includes all electronically stored information, drafts, and non-identical copies.

2. "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.

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

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 of the matter stated; "deny" means to controvert the truth of the matter stated, in whole or in part.

8. "The Incident" means the events, occurrence, transaction, or course of conduct giving rise to the claims and defenses in the Action.

9. "Genuine," with respect to a document, means that it is what it purports to be. A request about who made, sent, received, or executed it should be stated separately.

II. INSTRUCTIONS

1. Separate Statement. Each matter of which an admission is requested is separately set forth. D.C. Super. Ct. R. Civ. P. 36(a)(2). Answer or object to each Request separately, and quote each Request in full immediately preceding Your answer or objection. D.C. Super. Ct. R. Civ. P. 36(c).

2. Admit, Deny, or Qualify. 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. When good faith requires that You qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. D.C. Super. Ct. R. Civ. P. 36(a)(4).

3. 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. D.C. Super. Ct. R. Civ. P. 36(a)(4).

4. Genuineness of Documents. A Request to admit the genuineness of a document is accompanied by a copy of the document, unless the document has been or is otherwise furnished or made available for inspection and copying. D.C. Super. Ct. R. Civ. P. 36(a)(2). Copies of the documents referenced in the genuineness Requests below are attached as Exhibit(s) [____________].

5. Objections. The grounds for objecting to a Request must be stated. You must not object solely on the ground that the Request presents a genuine issue for trial. D.C. Super. Ct. R. Civ. P. 36(a)(5). If You object to part of a Request, specify the objectionable part and answer the remainder.

6. Privilege. State the grounds for any privilege or work-product objection to an admission request under Rule 36(a)(5). This request does not, by itself, require production of privileged information or a document privilege log.

7. Effect of Failure to Respond — AUTO-ADMISSION. Each matter is conclusively admitted unless, within the time allowed by Rule 36(a)(3), You serve a written answer or objection addressed to the matter. A matter admitted under Rule 36 is conclusively established unless the Court, on motion, permits the admission to be withdrawn or amended. D.C. Super. Ct. R. Civ. P. 36(a)(3), (b).

8. Withdrawal or Amendment. Subject to Rule 16(e), the Court may permit an admission to be withdrawn or amended if it would promote the presentation of the merits of the Action and the Court is not persuaded that withdrawal or amendment would prejudice the Requesting Party in maintaining or defending the Action on the merits. D.C. Super. Ct. R. Civ. P. 36(b). An admission under Rule 36 is for the pending Action only and is not an admission for any other purpose, nor may it be used against the party in any other proceeding.

9. Electronic Copy. Upon request, the Requesting Party, being represented by counsel, will promptly transmit an electronic version of these Requests in a format enabling the Responding Party to copy the language of the Requests electronically. D.C. Super. Ct. R. Civ. P. 36(d).

III. REQUESTS FOR ADMISSION

A. Matters of Fact

Request for Admission No. 1

Admit that You are properly named as a party in the Action.

Request for Admission No. 2

Admit that this Court has personal jurisdiction over You.

Request for Admission No. 3

Admit that venue is proper in the Superior Court of the District of Columbia.

Request for Admission No. 4

Admit that on or about [__/__/____], the Incident occurred at [LOCATION].

Request for Admission No. 5

Admit that You [entered into / signed / received] the [AGREEMENT / CONTRACT / DOCUMENT] dated [__/__/____].

Request for Admission No. 6

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

Request for Admission No. 7

Admit that [SPECIFIC FACTUAL ALLEGATION — e.g., "You did not pay the amount of $[____] due under the Agreement on or before [__/__/____]"].

Request for Admission No. 8

Admit that [NAMED INDIVIDUAL] was acting within the course and scope of [his/her/their] [employment / agency] with You at the time of the Incident.

Request for Admission No. 9

Admit that You have no documents that contradict [SPECIFIC FACT / ALLEGATION].

Request for Admission No. 10

Admit that the amount of [DAMAGES / DEBT / SUM] at issue is $[____________].

B. Genuineness of Documents

Request for Admission No. 11

Admit the genuineness of the document attached as Exhibit [____], being the [DESCRIBE DOCUMENT — e.g., "Agreement dated [__/__/____] between the parties"].

Request for Admission No. 12

Admit that the document attached as Exhibit [____] is a true and correct copy of [DESCRIBE DOCUMENT].

Request for Admission No. 13

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

Request for Admission No. 14

Admit that the [EMAIL / TEXT MESSAGE / LETTER] attached as Exhibit [____] was sent by You (or on Your behalf) on or about [__/__/____].

C. Application of Law to Fact

Request for Admission No. 15

Admit that the [AGREEMENT / CONTRACT] attached as Exhibit [____] is a valid and enforceable contract.

Request for Admission No. 16

Admit that You owed a [duty of care / contractual duty] to [PLAINTIFF / NAME] with respect to [SUBJECT MATTER].

Request for Admission No. 17

Admit that You breached the [AGREEMENT / duty] described above.

Request for Admission No. 18

Admit that You have no [affirmative defense / counterclaim] supported by facts as to [SPECIFIC CLAIM].

Request for Admission No. 19

Admit that [APPLICATION-OF-LAW-TO-FACT STATEMENT — DESCRIBE].

Request for Admission No. 20

Admit that [ADDITIONAL CUSTOM MATTER — DESCRIBE A SINGLE FACT WITH PRECISION].

IV. RESPONSE DEADLINE AND COST OF PROOF

A written answer or objection is generally due 30 days after these Requests are served. Unless the court shortens the time, a defendant need not respond before 45 days after service of the summons and complaint on that defendant, or before 75 days after that service on the District of Columbia, United States, or an officer or agency of either. Use the later applicable date when calculating the response deadline; an agreed change must comply with Rule 29. An unanswered matter is admitted and, subject to Rule 36(b), conclusively established. D.C. Super. Ct. R. Civ. P. 36(a)(3), (b).

If the Responding Party fails to admit a matter and the Requesting Party later proves the document genuine or the matter true, the Requesting Party may move for reasonable expenses, including attorney's fees, incurred in making that proof. D.C. Super. Ct. R. Civ. P. 37(c). The court must order payment unless the request was held objectionable, the matter lacked substantial importance, the responding party reasonably believed it might prevail, or another good reason justified nonadmission. Rule 37(f) separately limits awards against the United States or the District of Columbia except to the extent permitted by statute.

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[D.C. 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 (with any attached exhibits) upon all counsel of record (or upon unrepresented parties) by a method authorized under D.C. Super. Ct. R. Civ. P. 5, as follows:

☐ Electronic service through the court's authorized e-filing system to a registered user (if available for this paper)
☐ Email as permitted by administrative order or with the recipient's written consent
☐ 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]
[D.C. Bar No. ____________]

SOURCES & REFERENCES

• D.C. Super. Ct. R. Civ. P. 36 — Requests for Admission: scope (facts, application of law to fact, opinions, and genuineness of documents), Rule 36(a)(1); separate statement and copy of document, Rule 36(a)(2); 30-day response period (defendant 45 days; District/United States 75 days) and matters deemed admitted, Rule 36(a)(3); content of answers and reasonable inquiry, Rule 36(a)(4); objections, Rule 36(a)(5); motion regarding sufficiency, Rule 36(a)(6); effect of admission and withdrawal/amendment, Rule 36(b); quoting each request in full, Rule 36(c); electronic format, Rule 36(d).
• D.C. Super. Ct. R. Civ. P. 26(b)(1) — scope and proportionality.
• D.C. Super. Ct. R. Civ. P. 5(d)(2) — Discovery requests and responses may be filed when appended to a relevant motion or opposition, used in a proceeding, or authorized by court order; otherwise serve and retain the request.
• D.C. Super. Ct. R. Civ. P. 33 — Interrogatories to Parties; Rule 34 — Production of Documents (companion written-discovery devices).
• D.C. Super. Ct. R. Civ. P. 37(c) — conditional expenses on failure to admit (cost of proof); Rule 37(f) — statutory limitation on awards against the United States or the District of Columbia; Rule 36(a)(6) incorporates Rule 37(a)(5) for expenses on a motion regarding sufficiency.
• D.C. Super. Ct. R. Civ. P. 5 — service methods; Rule 29 — discovery stipulations; Rule 16(e) — pretrial statement procedures cross-referenced by Rule 36(b).
• D.C. Courts, Superior Court Rules of Civil Procedure: https://www.dccourts.gov/superior-court/rules
• Rule 36 (official text): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%2036.%20Requests%20for%20Admission.pdf