Rule 45.Requests for Admission
Current through June 1, 2026 · Last verified July 11, 2026
Full Text of Rule 45
Amendment History
[CCP 12/2/78; §§ A, B amended by 1979 c.284 §§ 29, 30; §§ A, B, D, F amended by CCP 12/3/16 eff. 1/1/18]
Plain-English Summary
A request for admission asks the other side to concede a specific point so nobody has to spend trial time proving it. Rule 45 lets any party, after the case begins, ask another party to admit the truth of a relevant matter within Rule 36 B’s discovery scope — a fact, an opinion about a fact, how the law applies to a fact, or whether a document or object is genuine. Each matter has to stand as its own separately numbered request, copies of any document at issue have to go along with it unless the other side already has them, and the request itself must open with a capitalized warning telling the recipient, in plain terms, that silence equals admission.
That warning is not decoration. Under Rule 45 B, a matter is deemed admitted unless the party served responds in writing within 30 days, though a defendant gets extra time: no defendant has to answer or object before 45 days after being served with the summons and complaint. A real response either denies the matter outright or explains in detail why the party can neither admit nor deny it; a party cannot dodge with a claim of ignorance unless they say they made a reasonable inquiry and still could not find out. Believing that a fact is disputed is not, by itself, a valid objection — the rule expects the party to deny it and let the case sort out whether the dispute is real. Rule 45 F caps the total number of requests at 30 absent a court order allowing more, though requests aimed at authenticating business records under the Oregon Evidence Code do not count against that limit.
An admission made under this rule is not a casual concession — it is conclusively established for the rest of the case unless the court later allows it to be withdrawn or amended, and even then only if doing so helps resolve the case on the merits without unfairly prejudicing the party who obtained it. If a party thinks the answers it received are evasive or incomplete, Rule 45 C lets it ask the court to rule on their sufficiency, with cost-shifting available under Rule 46 A(4). And denying something that later turns out to be true is not free: Rule 46 C lets the party who had to prove the point recover the reasonable expense of proving it, including attorney fees, unless the denial had a legitimate basis.
Frequently Asked Questions
What can a request for admission ask me to admit?
Any relevant matter within Rule 36 B’s discovery scope: a fact, an opinion about a fact, how the law applies to a fact, or whether a document or physical object is genuine. Rule 45 A requires each matter to be set out as its own separately numbered request, with copies of any document in question attached unless you already have them.
How many days do I have to respond to a request for admission in Oregon?
Generally 30 days after service of the request, unless the court sets a shorter or longer time. If you are a defendant, though, you cannot be required to answer or object before 45 days after you were served with the summons and complaint, even if the request arrived earlier. Miss the deadline that applies to you, and the matter is admitted automatically — no court order needed.
Can I object to a request just because it covers a disputed fact?
No. Rule 45 B says a party may not object solely on the ground that the requested admission presents a genuine issue for trial. If you think the fact is disputed, the rule expects you to deny it, or explain in detail why you can neither admit nor deny it, rather than object.
Is there a limit on how many requests for admission I can serve?
Yes. Rule 45 F(1) caps the total at 30 per adverse party, counting each request separately no matter how the requests are grouped or how minor some of them are, unless the court allows more for good cause. Rule 45 F(2) carves out an exception: additional requests aimed only at establishing the authenticity of business records do not count toward that 30-request limit.
What happens if I deny something that turns out to be true?
The other party can ask the court, under Rule 46 C, to order you to pay the reasonable expenses — including attorney fees — it took to prove the point at trial. The court will make that order unless your objection was justified, the admission was not substantially important, you had reasonable grounds to think you would prevail on the issue, or you had some other good reason for denying it.