Ohio requests for admission: 28 days, quote each request, and silence admits conclusively

Requests for admission are the most dangerous discovery device in Ohio, because the sanction for ignoring them is not a motion or an order. The matter is simply admitted, and an admission under this rule is conclusively established.

There is also a formatting requirement in Ohio that has no equivalent in most states, and a caption rule that lets you refuse to answer a non-compliant request.

Twenty-eight days, and the default

Ohio Civ.R. 36(A)(1):

Each matter of which an admission is requested shall be separately set forth. The party to whom the requests for admissions have been directed shall quote each request for admission immediately preceding the corresponding answer or objection. The matter is admitted unless, within a period designated in the request, not less than twenty-eight days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney.

Three obligations and one consequence.

Quote each request immediately before your answer. A list of numbered responses does not comply.

The floor is 28 days. The requesting party designates a period, but it cannot be shorter than 28 days unless the court allows it.

**The response may be signed by the party or the attorney** — unlike interrogatory answers in many states, no oath is required by this rule.

And the consequence: "The matter is admitted unless" a written answer or objection is served in time. No motion required.

What an answer has to do

Civ.R. 36(A)(2) is unusually detailed about the quality of a response:

If objection is made, the reasons therefor 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 or her answer, or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is 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 the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

Four rules for drafting:

• Denials must be specific and must fairly meet the substance of what was asked.
• A partial truth must be admitted in part and denied or qualified as to the rest — not denied wholesale.
• "I don't know" requires a statement that you made reasonable inquiry and that what is known or readily obtainable is insufficient.
• Objections must state reasons.

And one thing you cannot do:

A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Civ.R. 37(C), deny the matter or set forth reasons why the party cannot admit or deny it.

"It's a trial issue" is not an objection. You must deny it or explain why you cannot — and Civ.R. 37(C) then exposes you to the cost of proving the point if the denial was unjustified.

An admission is conclusive

Civ.R. 36(B):

Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Civ.R. 16 governing modification of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice the party in maintaining his action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by the party for any other purpose nor may it be used against the party in any other proceeding.

"Conclusively established" is stronger than the deemed-admitted language many states use — it is not merely evidence, it is settled for the case.

The withdrawal test has two limbs, and the burdens split:

1. the movant shows withdrawal will subserve the presentation of the merits; and
2. the party holding the admission fails to satisfy the court that it would be prejudiced in maintaining its action or defense on the merits.

Prejudice means prejudice to proving the case — not the loss of the tactical advantage the admission gave.

The admission is also confined to the pending action and cannot be used in any other proceeding.

The caption rule

Civ.R. 36(C) is distinctively Ohio, and it gives the responding party a genuine shield:

If a party includes a request for admission in a document containing any other form of discovery, the party shall include a caption on the document that indicates the document contains a request for admission. A party is not required to respond to requests for admission that are not made in compliance with this division.

Requests buried inside a combined discovery document, with no caption flagging them, need not be answered at all. That is a complete answer to the classic trap of hiding admissions at the end of a long set of interrogatories.

If you are serving, caption the document. If you are receiving, check the caption before the 28 days start worrying you.

Serving them

Civ.R. 36(A) also sets a format expectation:

Whenever feasible, the party serving the request for admission shall serve the request pursuant to Civ.R. 5(B)(2)(f) or (B)(3)on a shareable medium and in an editable format. If the party being served is unrepresented by counsel, the serving party also shall provide a paper copy of the request to the unrepresented party.

An editable format, because the responder has to quote each request — and a paper copy as well where the other side is self-represented.

Timing of service: "The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party after service of the summons and complaint upon that party."

If the answers are inadequate

Civ.R. 36(A)(3) gives the requesting party a menu:

The party who has requested the admissions may move for an order with respect to the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Civ.R. 37(A)(5) apply to the award of expenses incurred in relation to the motion.

Note the middle sentence: a non-compliant answer can be treated as an admission, not merely sent back for a better one.

How Ohio compares

A short checklist

1. Diarise the response date the day requests arrive — at least 28 days, but check the period the request designates.
2. Check the caption first. If admissions are buried in a combined discovery document without the required caption, no response is required.
3. Quote each request immediately before your answer.
4. Deny specifically and fairly meet the substance. Split partial truths into an admission and a qualified denial.
5. If you genuinely do not know, say you made reasonable inquiry and that the information known or readily obtainable is insufficient.
6. Do not object on the ground that it is a trial issue — that is expressly excluded.
7. If you are serving, caption the document and send an editable copy — plus paper if the other side is unrepresented.
8. If an admission was made by mistake, move to withdraw promptly, framing it around presentation of the merits and the absence of prejudice to the other side's proof.
9. If answers are evasive, move under (A)(3) — the court can deem the matter admitted rather than order a do-over.

Where these rules live

• Ohio Civ.R. 26 — General Provisions Governing Discovery
• Ohio Civ.R. 36 — Requests for Admission
• Ohio Civ.R. 37 — Failure to Make Discovery: Sanctions
• Ohio Civ.R. 5 — Service and Filing of Pleadings
• Ohio Civ.R. 16 — Pretrial Procedure

This page explains what the rules say. It isn't legal advice, and what makes a denial fail to fairly meet the substance of a request under Civ.R. 36(A)(2) is developed in case law this site doesn't cover.