In one sentenceRule 1-036 lets a party request that another admit the truth of facts or the genuineness of documents, with matters deemed admitted if not answered within thirty days.
A.Request for admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Paragraph B of Rule 1-026 NMRA set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within thirty (30) 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 his attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of forty-five (45) days after service of the summons and complaint upon him. 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 answer or deny only a part of the matter of which an admission is requested, he 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 he states that he has made reasonable inquiry and that the information known 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 has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of Paragraph C of Rule 1-037 NMRA, deny the matter or set forth reasons why he cannot admit or deny it. The party who has requested the admissions may move to determine the sufficiency of 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 Subparagraph (4) of Paragraph A of Rule 1-037 NMRA apply to the award of expenses incurred in relation to the motion.
B.Effect of admission. 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 Rule 1-016 NMRA governing amendment 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 him 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 him for any other purpose nor may it be used against him in any other proceeding.
End
Plain-English Summary
This rule narrows what must be proved at trial. A party may serve written requests that another admit, for the pending action only, the truth of facts, opinions of fact, the application of law to fact, or the genuineness of documents. Each matter is admitted unless, within thirty days (forty-five for a defendant just served), the responding party serves a written answer or objection. An answer must admit, specifically deny, or explain in detail why the party cannot truthfully admit or deny, and a party may not claim lack of knowledge without showing reasonable inquiry.
The requesting party may move to test the sufficiency of answers or objections; the court may order an answer served, deem a matter admitted, or order an amended answer. A matter admitted is conclusively established unless the court permits withdrawal or amendment, which it may allow when it serves the merits and the requesting party is not prejudiced. An admission is for the pending action only and cannot be used against the party in another proceeding.
Frequently Asked Questions
What happens if I do not respond to requests for admission?
Each matter is deemed admitted if you do not serve a written answer or objection within thirty days (or forty-five days for a defendant just served with the complaint).
Can an admission be withdrawn?
Yes. A matter admitted is conclusively established unless the court permits withdrawal or amendment, which it may allow when doing so serves the merits and does not prejudice the requesting party.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-036 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:requests for admissionRFAadmissionsgenuineness of documentsdeemed admitted