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Rule 126. Request for Admissions

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part VI: Disclosure Statements and Discovery
Effective: January 1, 2020
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 126
Rule 126. Request for Admissions
a. Definition; time; scope. A party may provide to (“serve on”) any other party written requests to admit the truth of specific facts in the lawsuit. Requests under this rule may be served with the summons and complaint, or at any time thereafter unless otherwise ordered by the court. A request for admissions may concern any matter permitted under Rule 122(a). A request for admissions is not necessarily objectionable because it asks for an opinion, or because it presents a contention that relates to a fact, or that involves the application of law to facts, but a response to such a request need not be provided until discovery has been completed. [ARCP 36(a)]
b. Notice of requests. Following each request there must be a space that is large enough for the party to whom it is sent to state whether the request is admitted or denied, or to provide an objection. Requests for admissions must include a notice that provides the specific calendar date that the responses are due based on these rules. The notice must be provided to (“served on”) (1) the party who is required to respond, and (2) the other parties to the lawsuit. The notice must also include the following language:
“The Justice Court Rules of Civil Procedure allow a party to send up to ten (10) requests for admissions to another party, unless the sending party asks the court for permission to send more and the court gives permission because the sending party showed good cause for sending more. Each request must contain only one fact or one contention to admit or deny. A request may inquire about whether a document is genuine or accurate. You must admit or deny each of these requests, unless you object to a request, in which case you must state a reason for your objection. You may not object on the basis that you do not have knowledge or information concerning the request unless you have first made a reasonable inquiry to obtain knowledge or information.
“You must provide your original response to requests under this rule to the party who sent them to you, and you must provide a copy to every other party in the lawsuit. Responses to requests for admissions are due forty (40) days from the date they are served, unless the requests were served with the summons and complaint, in which case your response is due within sixty (60) days after the date of service, or as ordered by the court.
“If you do not respond to these requests for admissions by the date provided in this notice, your failure to respond may be considered as an admission of the requests.” [ARCP 26.2(f), 36(a)-(b)]
c. Effect of admission; second notice. If a party has not responded to requests for admissions by the date specified in a notice under section (b) of this rule, then the party making the requests must serve a second notice on the party to whom the requests were made in substantially the following form:
“[Case Caption][Notice]
“To: __________:
Do not ignore this notice.
“You were served with requests for admissions on __________ [insert date.] The rules of procedure required you to respond to these requests no later than __________ [insert date.] You have failed to respond to some or all of the requests.
“The rules will still allow you to respond to the requests for admissions by __________ [insert date that is fifteen (15) days after the date of this notice]. Each request that you do not respond to by that date will be admitted and taken as true in this lawsuit.
“Date and signature: __________
“[Notation of service under Rule 120(d)]”
Any matter admitted under this rule is conclusively established in the pending lawsuit unless the court permits an admission to be withdrawn or amended. The court may permit an admission to be withdrawn or amended only when it serves the interests of justice and when it furthers a decision of the lawsuit on its merits. [ARCP 36(c)]
d. Penalty for groundless denial. If a party fails to admit the genuineness of a document or the truthfulness of a matter as provided in a request under this rule, and the requesting party thereafter proves at a hearing or at trial that a document is genuine or that a matter is true, the court may consider whether there was any reasonable basis for the denial, and if there is none, the court may impose a penalty under Rule 127(d) against the party who denied the request. [ARCP 37(e)]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013. Amended on an emergency basis Feb. 13, 2013, effective Feb. 13, 2013, amendment adopted on a permanent basis Aug. 28, 2013. Amended Dec. 12, 2019, effective Jan. 1, 2020.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 126, AZ ST J CT RCP Rule 126
State Court Rules are current with amendments received and effective through 11/15/22. The Code of Judicial Administration is current with amendments received through 11/1/22.
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