Massachusetts State Court Request for Admissions

COMMONWEALTH OF MASSACHUSETTS

[____________], ss.      [SUPERIOR COURT DEPARTMENT]

CIVIL ACTION 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 Rule 36 of the Massachusetts Rules of Civil Procedure, [PROPOUNDING PARTY] ("Requesting Party") hereby requests that [RESPONDING PARTY] ("Responding Party") admit, for the purpose of the pending action only, the truth of the matters set forth below — including statements or opinions of fact and of the application of law to fact, and the genuineness of the documents described below or exhibited herewith — each of which is within the scope of discovery under Mass. R. Civ. P. 26(b).

Time for Response — DEEMED ADMITTED IF LATE. Each matter of which an admission is requested 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 a written answer or objection signed by the party or the party's attorney. Mass. R. Civ. P. 36(a). 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. Mass. R. Civ. P. 36(a). A failure to respond on time results in the matters being conclusively established. Do not ignore this Request.

Copies of Documents. Copies of any documents whose genuineness is requested to be admitted are served with this Request unless they have been or are otherwise furnished or made available for inspection and copying. Mass. R. Civ. P. 36(a).

I. DEFINITIONS

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

1. "Document" and "Electronically Stored Information" ("ESI") are used in the broadest sense permitted by the Massachusetts Rules and include any writing, drawing, graph, chart, photograph, sound recording, image, email, text or instant message, metadata, and other data or data compilation stored in any medium from which information can be obtained. The terms include 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 agent, employee, 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. "The Incident" means the events, transactions, or occurrences that form the basis of the claims and defenses in the Action, occurring on or about [__/__/____] at [____________].

8. "Admit" means to acknowledge the truth of the stated matter or the genuineness of the identified document for the purpose of the Action.

II. INSTRUCTIONS

1. Form of Response. Each admission, denial, objection, or statement shall be preceded by the Request to which it responds. Mass. R. Civ. P. 36(a). The answer shall be a written statement signed by the party under the penalties of perjury specifically (i) denying the matter or (ii) setting forth in detail why the answering party cannot truthfully admit or deny it, or shall be a written objection addressed to the matter signed by the party or the party's attorney. Mass. R. Civ. P. 36(a).

2. Admit, Deny, or Qualify. A denial shall 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 shall specify so much of it as is true and qualify or deny the remainder. Mass. R. Civ. P. 36(a).

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. Mass. R. Civ. P. 36(a).

4. Genuineness of Documents. Where a Request asks You to admit the genuineness of a document, "genuineness" means that the document is authentic, is what it purports to be, and was made, sent, signed, or received as it appears, without admitting its relevance or admissibility.

5. Genuine Issue for Trial Is Not an Objection. 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; You may, subject to the provisions of Mass. R. Civ. P. 37(c), deny the matter or set forth reasons why You cannot admit or deny it. Mass. R. Civ. P. 36(a).

6. Objections. If objection is made, the reasons therefor shall be stated. Mass. R. Civ. P. 36(a). The Requesting Party may move to determine the sufficiency of the answers or objections; unless the court determines that an objection is justified, it shall order that an answer be served, and if an answer does not comply with the Rule the court may order that the matter is admitted or that an amended answer be served. Mass. R. Civ. P. 36(a).

7. Effect of Failure to Respond. Any matter as to which a timely answer or objection is not served is admitted and is conclusively established for the purpose of the Action. Mass. R. Civ. P. 36(a), (b).

8. Withdrawal or Amendment. Any matter admitted under this Rule is conclusively established unless the court, on motion, permits withdrawal or amendment. Subject to Mass. R. Civ. P. 16 (governing amendment of a pre-trial order), the court may permit withdrawal or amendment 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. Mass. R. Civ. P. 36(b).

9. Limited Purpose. Any admission made under this Rule is for the purpose of the pending Action only, is not an admission for any other purpose, and may not be used against the admitting party in any other proceeding. Mass. R. Civ. P. 36(b).

III. REQUESTS FOR ADMISSION

Request for Admission No. 1

Admit that [STATE FACT TO BE ADMITTED — e.g., "on [__/__/____], You entered into the written agreement attached as Exhibit A"].

Request for Admission No. 2

Admit that the document attached hereto as Exhibit [____] is a genuine, true, and accurate copy of [DESCRIBE DOCUMENT].

Request for Admission No. 3

Admit that [DESCRIBE DOCUMENT/ESI] was created, sent, or received by You on or about [__/__/____].

Request for Admission No. 4

Admit that You received the [LETTER / NOTICE / DEMAND / INVOICE] dated [__/__/____], a copy of which is attached as Exhibit [____].

Request for Admission No. 5

Admit that the signature appearing on [DOCUMENT / Exhibit ____] is the genuine signature of [NAME].

Request for Admission No. 6

Admit that You [PERFORMED / FAILED TO PERFORM] the obligation described as [____________] under the [AGREEMENT / RELATIONSHIP] at issue.

Request for Admission No. 7

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

Request for Admission No. 8

Admit that [PARTY / PERSON] 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 received consideration in the amount of $[________] in connection with [TRANSACTION].

Request for Admission No. 10

Admit that the amount of $[________] remains due and owing from You to [PARTY] under the [AGREEMENT / ACCOUNT].

Request for Admission No. 11

Admit that You did not [PROVIDE NOTICE / OBTAIN CONSENT / CURE THE ALLEGED DEFAULT] as required by [AGREEMENT / STATUTE].

Request for Admission No. 12

Admit that the genuineness of the business records produced at Bates Nos. [________] through [________] is not in dispute.

Request for Admission No. 13

Admit that the application of [STATUTE / RULE / CONTRACT PROVISION] to the facts of the Incident [SUPPORTS / DOES NOT SUPPORT] the relief sought by [PARTY].

Request for Admission No. 14

Admit that You have no documents that contradict [STATED FACT].

Request for Admission No. 15

Admit that [ADDITIONAL CUSTOM MATTER OF FACT — STATE SEPARATELY AND WITH PARTICULARITY].

Request for Admission No. 16

Admit that [ADDITIONAL CUSTOM MATTER OF FACT — STATE SEPARATELY AND WITH PARTICULARITY].

IV. NOTE ON RESPONSE DEADLINE AND COST OF PROOF

A written answer or objection is due within thirty (30) days after service, except that, unless the court shortens the time, a defendant need not respond before the expiration of forty-five (45) days after service of the summons and complaint. Mass. R. Civ. P. 36(a). Any matter not timely answered or objected to is admitted and conclusively established. Mass. R. Civ. P. 36(a), (b).

Cost of Proof. If the Responding Party fails to admit the genuineness of any document or the truth of any matter 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. The court shall make the order unless it finds that (1) the request was held objectionable, (2) the admission sought was of no substantial importance, (3) the party failing to admit had reasonable ground to believe that it might prevail on the matter, or (4) there was other good reason for the failure to admit. Mass. R. Civ. P. 37(c).

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[BBO 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 REQUEST FOR ADMISSIONS upon all counsel of record (or upon unrepresented parties) by a method authorized under Mass. R. Civ. P. 5, as follows:

☐ Electronic service / e-filing through the Trial Court eFileMA system
☐ Email to the address(es) of record
☐ 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

• Mass. R. Civ. P. 36 — Requests for Admission (request and deemed-admission rule — admitted unless answer or objection served within 30 days; defendant not required to respond before 45 days after service of summons and complaint; answer signed under the penalties of perjury; reasonable-inquiry requirement; motion to determine sufficiency — Rule 36(a); effect of admission and withdrawal/amendment standard — Rule 36(b)): https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-36-requests-for-admission
• Mass. R. Civ. P. 26(b) — General Provisions Governing Discovery; scope of discovery.
• Mass. R. Civ. P. 33 — Interrogatories to Parties; Mass. R. Civ. P. 34 — Producing Documents and Things (companion written-discovery devices).
• Mass. R. Civ. P. 37(c) — Expenses on Failure to Admit.
• Mass. R. Civ. P. 16 — Pre-Trial Procedure (amendment of pre-trial order).
• Mass. R. Civ. P. 5 — Service and Filing of Pleadings and Other Papers.
• Mass. Super. Ct. R. 30A — Superior Court rule governing the format of discovery motions (each request, response, and supporting argument set forth separately).