Missouri State Court Request for Admissions

IN THE CIRCUIT COURT OF [____________] COUNTY, MISSOURI

CAUSE NO.: [____________]
DIVISION: [____________]

[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 59.01 of the Missouri Rules of Civil Procedure, [PROPOUNDING PARTY] ("Requesting Party") requests that [RESPONDING PARTY] ("Responding Party") admit, for purposes of this action only, the truth of each of the matters set forth below, including the genuineness of the documents described, each matter being within the scope of discovery under Mo. R. Civ. P. 56.01(b).

A FAILURE TO TIMELY RESPOND TO REQUESTS FOR ADMISSIONS IN COMPLIANCE WITH RULE 59.01 SHALL RESULT IN EACH MATTER BEING ADMITTED BY YOU AND NOT SUBJECT TO FURTHER DISPUTE.

Time for Response. Under Rule 59.01(d)(1), responses generally must be served within thirty (30) days after service of this Request. A defendant or respondent need not respond before sixty (60) days have expired after the earlier of entering an appearance or being served with process. The court may allow a shorter or longer time. Outside cases governed by Chapter 517, a matter is admitted if no timely response is served; Rule 59.01(a)(2) gives the court discretion over relief for nonresponse in Chapter 517 cases.

I. DEFINITIONS

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

1. "Document" is used in the broadest sense permitted by the Missouri Rules of Civil Procedure and includes any writing, drawing, graph, chart, photograph, sound recording, image, email, text or instant message, electronically stored information, and other data or data compilation from which information can be obtained. The term includes 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. "Admit" means to acknowledge the truth or genuineness of the matter stated. "Deny" means to controvert the matter stated, in whole or in part.

8. "The Incident" or "the Occurrence" means [DESCRIBE THE EVENT, TRANSACTION, OR OCCURRENCE GIVING RISE TO THE ACTION].

II. INSTRUCTIONS

1. Separate Statement; Form of Answer. Each matter for which an admission is requested is separately set forth below. Your response must quote each Request, including its original paragraph number, and state Your answer or objection immediately below it. Mo. R. Civ. P. 59.01(d)(2).

2. Admit, Deny, or Explain. As to each matter, You must either (a) admit the matter; (b) specifically deny the matter; or (c) 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. Mo. R. Civ. P. 59.01.

3. Partial Admissions / Qualified Answers. When good faith requires that You qualify an answer or deny only part of a matter, You must specify so much of the matter as is true and qualify or deny the remainder. Mo. R. Civ. P. 59.01.

4. 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. Mo. R. Civ. P. 59.01.

5. Genuineness of Documents. Where a Request asks You to admit the genuineness of a document, a copy of the document is served with this Request (or has otherwise been furnished). To controvert genuineness, You must specifically state the basis for the denial.

6. Objections. If You object to a Request, the reasons for the objection must be stated. You may not object to a Request solely on the ground that the matter presents a genuine issue for trial; You may instead deny the matter or set forth the reasons why You cannot admit or deny it, subject to Mo. R. Civ. P. 61.01. Mo. R. Civ. P. 59.01.

7. Effect of Failure to Respond. Outside cases governed by Chapter 517, a matter not timely answered or objected to is admitted and conclusively established for purposes of the Action, subject to withdrawal or amendment by court order. In Chapter 517 cases, the court may grant appropriate relief on motion and reasonable notice, including deeming a proper request admitted. Mo. R. Civ. P. 59.01(a)(2), (b).

8. Withdrawal or Amendment. A matter admitted under Rule 59.01 is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. 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. Mo. R. Civ. P. 59.01(b).

9. Use; Limited Purpose. Any matter admitted under Rule 59.01 is for the purpose of the pending Action only, is not an admission for any other purpose, and may not be used against You in any other proceeding. Mo. R. Civ. P. 59.01.

10. Number of Requests. Without leave of court or stipulation, a party may serve no more than 25 written requests for admission on another party. This limit does not apply to requests about the genuineness or admissibility of documents. Mo. R. Civ. P. 59.01(a).

III. REQUESTS FOR ADMISSION

Request for Admission No. 1

Admit that You are the [PLAINTIFF / DEFENDANT] named in the Action.

Request for Admission No. 2

Admit that this Court has personal jurisdiction over You.

Request for Admission No. 3

Admit that this Court has subject-matter jurisdiction over the Action and that venue is proper in this County.

Request for Admission No. 4

Admit that You were properly served with process in the Action.

Request for Admission No. 5

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

Request for Admission No. 6

Admit that You were present at [LOCATION] on [__/__/____].

Request for Admission No. 7

Admit that You entered into the [CONTRACT / AGREEMENT] dated [__/__/____] with [PARTY NAME], a true and correct copy of which is attached as Exhibit [____].

Request for Admission No. 8

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

Request for Admission No. 9

Admit that You signed the document attached as Exhibit [____].

Request for Admission No. 10

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

Request for Admission No. 11

Admit that You did not [PERFORM THE OBLIGATION / MAKE THE PAYMENT / TAKE THE ACTION] described in [REFERENCE].

Request for Admission No. 12

Admit that as of [__/__/____], the amount of [$____________] was due and owing under the [CONTRACT / AGREEMENT / ACCOUNT].

Request for Admission No. 13

Admit that the [GOODS / SERVICES] described in Exhibit [____] were [DELIVERED / PERFORMED] to You.

Request for Admission No. 14

Admit that You have no documents that support Your contention that [STATE THE CONTENTION TO BE NEGATED].

Request for Admission No. 15

Admit that [DESCRIBE FACT — e.g., the photograph attached as Exhibit ____ fairly and accurately depicts the condition of the [PROPERTY / VEHICLE / SCENE] on [__/__/____]].

Request for Admission No. 16

Admit that [DESCRIBE APPLICATION OF LAW TO FACT — e.g., You owed a duty of reasonable care to the Plaintiff on the date of the Incident].

Request for Admission No. 17

Admit that [ADDITIONAL CUSTOM MATTER — STATE WITH PARTICULARITY].

Request for Admission No. 18

Admit that [ADDITIONAL CUSTOM MATTER — STATE WITH PARTICULARITY].

IV. NOTE ON RESPONSE DEADLINE AND COST OF PROOF

Responses generally must be served within thirty (30) days after service, but a defendant or respondent need not respond before sixty (60) days have expired after the earlier of appearance or service of process; the court may change the time. Mo. R. Civ. P. 59.01(d)(1). Outside Chapter 517 cases, a failure to respond on time results in admission under Rule 59.01(a)(2), subject to withdrawal or amendment under Rule 59.01(b). Chapter 517 cases follow the court-supervised procedure in Rule 59.01(a)(2). Without leave, serve a defendant or respondent only after the 30-day period in Rule 59.01(c)(2)(B).

If the Responding Party fails to admit the genuineness of a document or the truth of a matter, and the Requesting Party thereafter proves it, the Requesting Party may move for an order requiring the Responding Party to pay the reasonable expenses, including reasonable attorney's fees, incurred in making that proof. Rule 61.01(c) requires the order unless the request was held objectionable, the matter was of no substantial importance, the Responding Party had reasonable grounds to believe it might prevail, or there was another good reason for the failure to admit.

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[Mo. 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 REQUEST FOR ADMISSIONS upon all parties not in default by a method authorized under Mo. R. Civ. P. 43.01, as follows:

☐ Missouri Courts eFiling System electronic service
☐ 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]

Responding party: [____________] Set number: [FIRST / ____]

Electronic copy: Sent to each responding party in [WORD-PROCESSING FORMAT] by [EMAIL ATTACHMENT / OTHER COMMONLY USED MEDIUM].

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]

SOURCES & REFERENCES

• Mo. R. Civ. P. 59.01 — Request for and Effect of Admissions. Rule 59.01(a) sets the 25-request limit, exact warning, and differing consequences of nonresponse inside and outside Chapter 517; Rule 59.01(d) governs the response form and deadline.
• Mo. R. Civ. P. 59.01(b) — Withdrawal or Amendment. A matter admitted is conclusively established unless the court, on motion, permits withdrawal or amendment when the merits will be subserved and the requesting party fails to show prejudice; an admission is for the pending action only.
• Mo. R. Civ. P. 59.01(c)(2)(B), (c)(3), (d)(1), (e) — Without leave, requests may be served on a defendant or respondent after 30 days from the first of appearance or service; the defendant's response is not due before 60 days from the earlier event. The rule also prescribes electronic-copy service and certificate filing.
• Mo. R. Civ. P. 56.01 — General Provisions Governing Discovery; scope and proportionality under Rule 56.01(b).
• Mo. R. Civ. P. 61.01(c) — Failure to admit; expenses of proof and the rule's four exceptions.
• Mo. R. Civ. P. 43.01 — Service of Pleadings and Other Papers.
• Missouri Courts, current Rule 59.01 (most recently effective July 1, 2022): https://www.courts.mo.gov/page.jsp?id=199684