Lamber Goodnow Personal Injury Counsel Center: A Resource for Attorneys

Sample Plaintiff Requests for Admissions to Defendant

{LAW FIRM NAME}
{Address}
{City}, {State} {ZIP}
{Telephone:}
{Facsimile: }

{Lawyer Name (Bar No.)}
Email: {}

Attorney for Plaintiff

In the Superior Court of the state of Arizona
In and for the County of Maricopa

[],

Plaintiff,

[],

Defendants.

Case No.: ____________________________

PLAINTIFF’S INITIAL RULE 26.1 DISCLOSURE STATEMENT

Plaintiff, by and through undersigned counsel and pursuant to Rule 36, Arizona Rules of Civil Procedure, requests that the Defendant answer, under oath and in writing within thirty (30) days after service, the following Request for Admissions:

INSTRUCTIONS

Each of the matters of which an admission is requested is admitted unless the Defendant to whom this Request is directed serves upon the party requesting the admission, within the appropriate time period, a written answer or objection addressed to the mater, signed by the party or by his/her attorney. If objection is made, the reasons therefore shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his/her answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he/she states that he/she has made reasonable inquiry and that the information known to or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission had been requested present a genuine issue for trial, may not, on that ground alone, object to the Request.

The answers to these requests shall include knowledge of the parties to whom this Request is directed, their attorneys, all agents, servants, representatives, investigators and others who may have obtained information on behalf of those parties or their attorneys.

Each party to whom this Request is directed, is required to supplement, in the time period allowed, his/her response with respect to any question directly addressed to the identity and location persons having knowledge of discoverable matters and the identity of each person expected to testify and the substance of his/her testimony. The party to whom this Request is directed is required to amend, in the time period allowed, a prior response if he/she obtains information the basis of which he/she knows that the response was incorrect when he/she knows that the response, through correct when made, is no longer true and the circumstances are such that a failure to amend a response is in substance a knowing concealment. When an individual Requests calls for an answer, which includes more than one part, each part of the answer should be clearly set out so that it is understandable.

REQUEST FOR ADMISSIONS

REQUEST NO 1: Admit that [Insurance Company] insured you on the date you had the accident with Plaintiff on [].

____ Admit ____ Deny