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Response to Requests for Admission

Monroe County – 16th Circuit Court, Florida

Timing

Service of Requests and Time for Responses

Responses to requests for admissions are due within 30 days after service, except that a defendant may serve a response within 45 days after service of process and the initial pleading on that defendant. Fla. R. Civ. P. 1.370(a)

Add 5 Days for Service by Mail or Email

When a party may or must act within specified time after service and service is made by mail or e-mail, 5 days are added after the period that would otherwise expire. Fla. R. Jud. A. 2.514(b) (amended eff 10/1/12).

If the request for admission was served by mail, the responding party may add five (5) additional days to the response period. Fla. R. Civ. P. 1.090(e) (deleted 9/1/12).

Extensions

The court may allow a shorter or longer time to serve responses to requests for admissions. Fla. R. Civ. P. 1.370(a).

Rules & Requirements

Responses to Requests for Admissions

The party to whom requests for admissions have been directed must respond separately to each item by admitting the truth of the statement, by denying the item, or by explaining why it cannot specifically admit or deny the item. A party may not use lack of information or knowledge as a reason for failure to admit or deny unless that party states that it has made reasonable inquiry and the information obtained is insufficient to be able to admit or deny the item. A denial shall meet the substance of the requested admission. Fla. R. Civ. P. 1.370(a).

Objections

If necessary, an objection may be made as to part of a request and the rest admitted. If there is a partial objection, the responder must specify the part to which it objects. Fla. R. Civ. P. 1.370(a).

Requests as to Genuineness of Documents

If the propounding party is requesting an admission as to the genuineness of a document, that party must serve a copy of the document with the request or must otherwise make that document available for review. Fla. R. Civ. P. 1.370(a).

Motion to Compel

The party propounding requests for admissions may move for an order compelling responses under Rule 1.380. Fla. R. Civ. P. 1.370(a). See Monroe County – 16th Circuit Court SmartRules™ procedural guide: MOTION TO COMPEL.

Sufficiency of Answer

The party requesting the admission may move to determine the sufficiency of an answer or objection that it deems insufficient. If the court determines that an answer is insufficient, the court shall order either that an amended answer be served or that the matter be deemed admitted. Fla. R. Civ. P. 1.370(a).

  

Effect of Admission

Any matter admitted is conclusively established

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