Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 36 lets a party serve requests for admission — asking the other side to admit facts or the genuineness of documents — with matters deemed admitted if not answered within 30 days (45 for a newly served defendant), and conclusively established once admitted.
(1)Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to:
(A)facts, the application of law to fact, or opinions about either; and
(B)the genuineness of any described documents.
(2)Form; Copy of a Document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying.
(3)Time to Respond; Effect of Not Responding. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon that defendant. A shorter or longer time for responding to requests for admission may be stipulated to under Rule 29 or be ordered by the court.
(4)Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of the matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.
(5)Objections. The grounds for objecting to a request must be stated. A party must not object solely on the ground that the request presents a genuine issue for trial.
(6)Motion Regarding the Sufficiency of an Answer or Objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. On finding that an answer does not comply with this rule, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until a pretrial conference or a specified time before trial. Rule 37(a)(5) applies to an award of expenses.
(b)Effect of an Admission; Withdrawing or Amending it. A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to Rule 16(e), the court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this rule is not an admission for any other purpose and cannot be used against the party in any other proceeding.
Plain-English Summary
Requests for admission narrow a case by pinning down what isn't really disputed. Under Rule 36, a party may ask another to admit the truth of facts, the application of law to fact, or the genuineness of documents, all within the scope of discovery.
The deadline carries real teeth: a matter is automatically admitted unless the party serves a written answer or objection within 30 days (a defendant gets 45 days after service of the summons and complaint). An answer must admit, specifically deny, or explain in detail why the party cannot truthfully admit or deny — and a party may plead lack of knowledge only after a reasonable inquiry. A matter once admitted is conclusively established for the case unless the court permits withdrawal or amendment, and the admission can't be used against the party in any other proceeding.
Frequently Asked Questions
What happens if I don't respond to requests for admission?
Each unanswered matter is automatically admitted. You must serve a written answer or objection within 30 days (45 days for a defendant after service of the summons and complaint) to avoid that result.
Is an admission binding?
Yes. A matter admitted under Rule 36 is conclusively established in the case unless the court allows the admission to be withdrawn or amended. It cannot be used against you in any other proceeding.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as:request for admissionrfaadmissionsrequests for admission