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Rule 36. Requests for Admission

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
V. Disclosure and Discovery
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 36
Formerly cited as AZ ST RCP Rule 36(b), AZ ST RCP Rule 36(c)
Rule 36. Requests for Admission
<For applicability of amending Order No. R-17-0010, effective July 1, 2018, see the Application Provisions note at the beginning of the Arizona Rules of Civil Procedure.>
(a) Scope and Procedure.
(1) Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b) relating to:
(A) facts, the application of law to fact, or opinions about either; and
(B) the genuineness of any described documents.
(2) Form; Copy of a Document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying.
(3) Number. Any party may serve on any other party requests for admission, subject to the numeric limits in Rule 26.2(f) and the procedures in Rule 26.2(g) and (h) for obtaining permission to exceed those limits.
(4) Time to Respond; Effect of Not Responding. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. Subject to compliance with Rule 26(f)(1) by the party serving discovery, a defendant may serve its answers and any objections within 60 days after service--or execution of a waiver of service--of the summons and complaint on that defendant. A shorter or longer time for responding may be agreed to by the parties or ordered by the court.
(5) Answer.
(A) Generally. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it.
(B) Fairly Respond. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only part of a matter, the answer must specify the part admitted and qualify or deny the rest. An answer does not fairly respond to a request if it:
(i) responds to a request about a document by stating that “the document speaks for itself”;
(ii) responds to a request about a document by stating that one “denies any allegations inconsistent with the language of a document”; or
(iii) responds to a request regarding a fact, or the application of law to fact, by claiming that it states a legal conclusion.
(C) Lack of Knowledge or Information. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.
(6) Objections. The grounds for objecting to a request must be stated. A party may not object solely on the ground that the request presents a genuine issue for trial.
(7) Motion Regarding the Sufficiency of an Answer or Objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. If the court finds that an answer does not comply with this rule, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until a pretrial conference or a specified time before trial. Rule 37(e) applies to an award of expenses.
(b) Effect of an Admission; Withdrawing or Amending It. A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to Rule 16, the court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this rule is not an admission for any other purpose and cannot be used against the party in any other proceeding.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 31, 2017, effective July 1, 2018.
16 A. R. S. Rules Civ. Proc., Rule 36, AZ ST RCP Rule 36
Current with amendments received through 08/15/2020.
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