Georgia State Court Request for Admissions

IN THE SUPERIOR COURT OF [____________] COUNTY

STATE OF GEORGIA

Civil Action File No.: [____________]

[PROPOUNDING PARTY]'S FIRST REQUEST FOR ADMISSIONS TO [RESPONDING PARTY]

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

Pursuant to O.C.G.A. § 9-11-36, [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 statements or opinions of fact or of the application of law to fact, including the genuineness of the documents described — each within the scope of O.C.G.A. § 9-11-26(b).

Time for Response; Matters Deemed Admitted. Each matter is ADMITTED unless, within thirty (30) days after service of this Request (or within such shorter or longer time as the Court may allow), the Responding Party serves on the Requesting Party a written answer or objection addressed to the matter, signed by the party or by the party's attorney. O.C.G.A. § 9-11-36(a)(2). 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. Id.

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 the Georgia Civil Practice Act and includes any writing, drawing, graph, chart, photograph, phono-record, and other data compilation from which information can be obtained. The term includes originals, 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, predecessor, successor, 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 the document is what it purports to be, is authentic within the meaning of the rules of evidence, and was made, sent, received, or executed as it appears on its face.

II. INSTRUCTIONS

1. Separate Statement. Each matter of which an admission is requested is separately set forth. O.C.G.A. § 9-11-36(a)(2). Answer or object to each Request separately.

2. Admit, Deny, or Qualify. The answer must specifically deny the matter or set forth in detail the reasons why You cannot truthfully admit or deny the matter. A denial must fairly meet the substance of the requested admission. When good faith requires that You qualify Your answer or deny only a part of a matter, You must specify so much of it as is true and qualify or deny the remainder. O.C.G.A. § 9-11-36(a)(2).

3. 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. O.C.G.A. § 9-11-36(a)(2).

4. Genuineness of Documents. Copies of the documents whose genuineness is requested below are served with this Request, unless they have been or are otherwise furnished or made available for inspection and copying. O.C.G.A. § 9-11-36(a)(1). Copies are attached as Exhibit(s) [____________].

5. Objections. If objection is made, the reasons must be stated. 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 O.C.G.A. § 9-11-37(c), deny the matter or set forth reasons why the party cannot admit or deny it. O.C.G.A. § 9-11-36(a)(2).

6. Privilege. If You withhold information responsive to a Request on a claim of privilege or as trial-preparation material, expressly make the claim and describe the basis in a manner that, without revealing the protected information, will enable the parties to assess the claim, consistent with O.C.G.A. § 9-11-26(b).

7. Effect of Failure to Respond — AUTO-ADMISSION. Each matter is admitted unless, within the time allowed, You serve a written answer or objection addressed to the matter. O.C.G.A. § 9-11-36(a)(2). A matter so admitted is conclusively established unless the Court permits withdrawal or amendment.

8. Withdrawal or Amendment. Any matter admitted under this Code section is conclusively established unless the Court, on motion, permits withdrawal or amendment of the admission. Subject to O.C.G.A. § 9-11-16 governing amendment of a pretrial order, the Court may permit withdrawal or amendment when the presentation of the merits of the Action will be subserved thereby and the Requesting Party fails to satisfy the Court that withdrawal or amendment will prejudice it in maintaining its action or defense on the merits. O.C.G.A. § 9-11-36(b). Any admission 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.

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 and subject-matter jurisdiction over the Action.

Request for Admission No. 3

Admit that venue is proper in [____________] County, Georgia.

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] kept in the ordinary course of Your business.

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 to each Request is due within thirty (30) days after service (or forty-five (45) days for a defendant served with the summons and complaint). Each matter not answered or objected to within that period is deemed admitted and conclusively established. O.C.G.A. § 9-11-36(a)(2).

If the Responding Party fails to admit the genuineness of any document or the truth of any matter as requested and the Requesting Party thereafter proves the genuineness of the document or the truth of the matter, the Requesting Party may apply for an order requiring the Responding Party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. O.C.G.A. § 9-11-37(c). The Requesting Party reserves the right to seek such expenses.

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

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

VI. CERTIFICATE OF SERVICE

I hereby certify that I have this day served a true and correct copy of the foregoing [PROPOUNDING PARTY]'S FIRST REQUEST FOR ADMISSIONS (with any attached exhibits) upon all counsel of record (or upon unrepresented parties) by a method authorized under O.C.G.A. § 9-11-5, as follows:

☐ Court e-filing-provider service (identify served contacts on the receipt)
☐ Statutory email in PDF format to all § 9-11-5(f) addresses, with "STATUTORY ELECTRONIC SERVICE" in the subject line
☐ U.S. Mail, first-class, postage prepaid
☐ Statutory overnight delivery
☐ Hand delivery
☐ Other: [____________]

Addressed to:

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

This ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
Georgia Bar No. [____________]

SOURCES & REFERENCES

• O.C.G.A. § 9-11-36 — Requests for Admission: scope (statements or opinions of fact or of application of law to fact, including genuineness of documents) within § 9-11-26(b); copies of documents served with the request; separate statement; matter admitted unless a written answer or objection is served within 30 days (defendant 45 days after service of summons and complaint); answers, reasonable inquiry, and objections, § 9-11-36(a); motion to determine sufficiency, § 9-11-36(a); effect of admission and withdrawal/amendment, § 9-11-36(b).
• O.C.G.A. § 9-11-26(b) — scope of discovery; trial-preparation materials and privilege.
• O.C.G.A. § 9-11-33 — Interrogatories to Parties; § 9-11-34 — Production of Documents and Things (companion written-discovery devices).
• O.C.G.A. § 9-11-37(c) — expenses on failure to admit (cost of proof); § 9-11-37(a)(4) — expenses on motion to determine sufficiency.
• O.C.G.A. § 9-11-5 — Service and Filing of Pleadings and Other Papers; § 9-11-16 — pretrial procedure.
• Uniform Superior Court Rule 5.1 — Time for discovery.
• Georgia Code (official), via the Georgia General Assembly / Justia: https://law.justia.com/codes/georgia/title-9/chapter-11/article-5/section-9-11-36/