Delaware State Court Requests for Admission

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [____________] COUNTY

C.A. No.: [____________]

[REQUESTING 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 Delaware Superior Court Rules of Civil Procedure ("Del. Super. Ct. Civ. R."), [REQUESTING PARTY] ("Requesting Party") hereby requests that [RESPONDING PARTY] ("Responding Party") admit, for purposes of the pending action only, the truth of the matters set forth below — including statements or opinions of fact and the application of law to fact — and the genuineness of the documents described below, each within the scope of discovery under Del. Super. Ct. Civ. R. 26(b).

Copies of Documents. Copies of all 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. Del. Super. Ct. Civ. R. 36(a).

Time for Response. A written answer or objection is required within thirty (30) days after service of these Requests, except that, unless the Court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of forty-five (45) days after service of the summons and complaint upon that defendant. The Court may allow a shorter or longer time. Del. Super. Ct. Civ. R. 36(a). If service is made by mail, consider whether additional time applies under Del. Super. Ct. Civ. R. 6(e).

WARNING — FAILURE TO RESPOND RESULTS IN ADMISSION. Under Del. Super. Ct. Civ. R. 36(a), each matter of which an admission is requested is admitted unless a written answer or objection addressed to the matter is served within the time allowed. Any matter so admitted is conclusively established under Del. Super. Ct. Civ. R. 36(b). No further motion or court order is required for the admission to take effect.

I. DEFINITIONS

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

1. "Document" is used in the broadest sense permitted by Del. Super. Ct. Civ. R. 34(a) and includes any writing, drawing, graph, chart, photograph, sound recording, image, electronically stored information ("ESI"), and other data or data compilations from which information can be obtained, including originals, drafts, and non-identical copies bearing any notation or marking.

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, managing member, employee, agent, representative, attorney, accountant, insurer, or other person acting or purporting to act on its behalf.

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 Del. Super. Ct. Civ. R. 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. "Person" means any natural person, corporation, partnership, limited liability company, association, governmental entity, or other organization.

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

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

II. INSTRUCTIONS

1. Separate Answer to Each Request. Each matter of which an admission is requested is separately set forth, restated as numbered, and must be answered separately and fully in writing. Del. Super. Ct. Civ. R. 36(a).

2. Form of Answer. If a matter is not admitted, the answer must specifically deny it 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 when good faith requires that a 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. Del. Super. Ct. Civ. R. 36(a).

3. Reasonable Inquiry. Pursuant to Del. Super. Ct. Civ. R. 36(a), the answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless it 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.

4. Genuine Issue for Trial 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 Del. Super. Ct. Civ. R. 37(c), deny the matter or set forth the reasons why it cannot admit or deny it. Del. Super. Ct. Civ. R. 36(a).

5. Objections. If You object to any Request, state the grounds for the objection. If You object to part of a Request, specify the objectionable part and answer the remainder.

6. Genuineness of Documents. A copy of each document whose genuineness is requested is served with these Requests or has been made available for inspection and copying. An admission of the genuineness of a document does not preclude an objection at trial to its competency or relevance.

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

8. Withdrawal or Amendment. Subject to Del. Super. Ct. Civ. R. 16 (governing amendment of a pretrial order), the Court may permit withdrawal or amendment of an admission 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 the action or defense on the merits. Del. Super. Ct. Civ. R. 36(b).

9. Failure to Respond; Sufficiency. If You fail to respond, the matters are deemed admitted. The Requesting Party may also move to determine the sufficiency of any answer or objection; if the Court determines that an answer does not comply with Rule 36, it may order that the matter is admitted or that an amended answer be served. Del. Super. Ct. Civ. R. 36(a).

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

Request for Admission No. 1

Admit that the events giving rise to the Action occurred on or about [__/__/____].

Request for Admission No. 2

Admit that, at the time of the events at issue, 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 [Complaint / 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 [Complaint / operative pleading].

Request for Admission No. 6

Admit that the amount of [$____________] remains unpaid under the [agreement / account] at issue.

Request for Admission No. 7

Admit that You owed a duty of [care / performance] to the Requesting Party with respect to [SUBJECT MATTER].

Request for Admission No. 8

Admit that You breached the duty referenced in Request No. 7.

Request for Admission No. 9

Admit that the Requesting Party sustained damages as a result of the events at issue in the Action.

Request for Admission No. 10

Admit that You have no documents supporting Your affirmative defense of [DESCRIBE DEFENSE].

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 the Requesting Party].

Request for Admission No. 12

[ADDITIONAL CUSTOM MATTER — STATE A SINGLE, DISCRETE FACT.]

Request for Admission No. 13

[ADDITIONAL CUSTOM MATTER — STATE A SINGLE, DISCRETE FACT.]

Request for Admission No. 14

[ADDITIONAL CUSTOM MATTER — STATE A SINGLE, DISCRETE FACT.]

IV. 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

[ADDITIONAL DOCUMENT — IDENTIFY BY EXHIBIT NUMBER.]

Request for Admission No. 20

[ADDITIONAL DOCUMENT — IDENTIFY BY EXHIBIT NUMBER.]

V. NOTE ON RESPONSE DEADLINE AND COST OF PROOF

A written answer or objection is due within thirty (30) days after service, except that a defendant need not serve answers or objections before forty-five (45) days after service of the summons and complaint unless the Court shortens the time. Del. Super. Ct. Civ. R. 36(a). Any matter not timely answered is deemed admitted and conclusively established under Del. Super. Ct. Civ. R. 36(b). If service is made by mail, calendar any additional time under Del. Super. Ct. Civ. R. 6(e).

Expenses on Failure to Admit. Pursuant to Del. Super. Ct. Civ. R. 37(c), if the Responding Party fails to admit the genuineness of any document or the truth of any matter requested herein, 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 the Responding Party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees, unless the Court finds that the request was held objectionable, the admission sought was of no substantial importance, the party had reasonable ground to believe it might prevail on the matter, or there was other good reason for the failure to admit.

VI. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [REQUESTING PARTY]
[Delaware Bar No. ____________]
[Firm Name]
[Street Address]
[City, State ZIP]
[Phone] | [Email]

VII. CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of ______________, 20____, I served a true and correct copy of the foregoing [REQUESTING PARTY]'S FIRST REQUESTS FOR ADMISSION upon all counsel of record (or upon unrepresented parties) by a method authorized under Del. Super. Ct. Civ. R. 5(b), as follows:

☐ Electronic service through File & ServeXpress (Delaware e-filing)
☐ Email to the address(es) of record (by agreement)
☐ 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 [REQUESTING PARTY]
[Delaware Bar No. ____________]

SOURCES & REFERENCES

• Del. Super. Ct. Civ. R. 36 — Requests for Admission (response within 30 days; defendant not before 45 days after service of summons and complaint; genuineness of documents; reasonable inquiry).
• Del. Super. Ct. Civ. R. 36(b) — Effect of Admission; conclusively established; withdrawal or amendment standard; admission for pending action only.
• Del. Super. Ct. Civ. R. 26(b) — scope of discovery.
• Del. Super. Ct. Civ. R. 37(c) — expenses on failure to admit (cost-of-proof sanction); Rule 37(a) motion to compel.
• Del. Super. Ct. Civ. R. 33 — Interrogatories to Parties (companion written-discovery device).
• Del. Super. Ct. Civ. R. 5 — Service and Filing of Pleadings and Other Papers; Rule 6(e) additional time after service by mail.
• Delaware State Courts, Rules: https://courts.delaware.gov/rules/