§ 2033.050.Requesting more than 35 admissions;

Title 4. Civil Discovery Act · Chapter 16. Requests for Admission · Article 1. Requests for Admission · Enacted 2004 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 2033.050 requires a party requesting more than 35 non-genuineness admissions to attach a declaration for additional discovery to each set, reciting the party's familiarity with the case, the number of requests already served, the number in the current set, and the case-specific reason the complexity or quantity of issues warrants exceeding the limit.

Full Text of § 2033.050

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Any party who is requesting or who has already requested more than 35 admissions not relating to the genuineness of documents by any other party shall attach to each set of requests for admissions a declaration containing substantially the following words:

DECLARATION FOR ADDITIONAL DISCOVERY I, __________, declare:

1. I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding).

2. I am propounding to __________ the attached set of requests for admission.

3. This set of requests for admission will cause the total number of requests propounded to the party to whom they are directed to exceed the number of requests permitted by Section 2033.030 of the Code of Civil Procedure.

4. I have previously propounded a total of __________ requests for admission to this party.

5. This set of requests for admission contains a total of __________ requests.

6. I am familiar with the issues and the previous discovery conducted by all of the parties in this case.

7. I have personally examined each of the requests in this set of requests for admission.

8. This number of requests for admission is warranted under Section 2033.040 of the Code of Civil Procedure because __________. (Here state the reasons why the complexity or the quantity of issues in the instant lawsuit warrant this number of requests for admission.)

9. None of the requests in this set of requests is being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation.

I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed on __________.

(Signature) Attorney for ...............................................................................

End

Plain-English Summary

This section supplies the exact language a party must use to invoke Section 2033.040's ground for exceeding the 35-request cap. Rather than leaving the required showing to each attorney's own wording, the statute sets out a model declaration nearly word for word, signed under penalty of perjury by the party or the attorney requesting the admissions, and attached to every set that pushes the running total past 35.

The declaration has to do real work, not recite boilerplate. It must identify how many requests for admission have already gone to this particular responding party, state how many the current set adds, confirm that the declarant is familiar with the issues and the discovery already conducted in the case, and has personally examined each request in the set, and then explain why the complexity or the quantity of issues in this particular lawsuit warrants the number requested, tied to the facts of the case rather than the statutory language alone. It closes with an assurance that no request is being propounded for an improper purpose such as harassment or needless delay.

Frequently Asked Questions

When must the Section 2033.050 declaration be attached to a set of requests for admission?

Whenever a party is requesting, or has already requested, more than 35 non-genuineness admissions from the same party.

What must the declaration state about why the limit is being exceeded?

It must explain why the complexity or the quantity of existing and potential issues in the particular lawsuit warrants that number of requests, not just recite the statutory ground.

Does the declaration have to disclose how many requests were previously served?

Yes. It must state the total number of requests for admission previously propounded to the party and how many the current set adds.

Is the declaration signed under penalty of perjury?

Yes. The statutory form concludes with a declaration under penalty of perjury under California law.

Amendment History

(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: ccp 2033.050 declaration for additional discovery request for admissiondeclaration exceeding 35 requests for admission formadditional discovery declaration requirements