Rule 36.Requests for admission

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 36 lets a party serve written requests asking another party to admit facts, the application of law to fact, opinions, or the genuineness of documents, treats an unanswered request as admitted after 30 days, and makes an admission conclusively established for that case unless the court permits it to be withdrawn or amended.

Full Text of Rule 36

Text sizeJump to: (a) (b)

(a) Scope and procedure.

(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 shall be separately stated. A request to admit the genuineness of a document shall 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. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court.

(4) Answer. If a matter is not admitted, the answer shall specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial shall 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 a matter, the answer shall 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 shall be stated. A party shall 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 shall 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.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Requests for admission narrow a case down to what's still in dispute. A party can ask another party to admit facts, opinions, the application of law to fact, or the genuineness of a document, for purposes of that case only. Each matter has to be stated separately, and a request about a document's genuineness needs a copy attached unless it's already available.

Silence is dangerous here: if the responding party doesn't serve a written answer or objection within 30 days, the matter is deemed admitted. An answer that doesn't admit something has to specifically deny it or explain in detail why the party can't truthfully admit or deny it, addressing the substance of what's asked rather than quibbling over wording, and qualifying or denying only the part in dispute when good faith requires it. A party can only claim lack of knowledge as an excuse if it has made a reasonable inquiry and still can't get enough information to answer. Objections have to be stated, and a party can't object solely because the request touches a genuine issue for trial — that's what requests for admission are for.

If a party thinks an answer or objection doesn't measure up, it can move the court to decide the question, and the court can order a better answer, deem the matter admitted, or put off the decision until closer to trial. Once something is admitted, it's conclusively established in that case — not usable against the party in any other proceeding — unless the court lets the admission be withdrawn or amended because doing so would help resolve the case on the merits without prejudicing the party that requested it.

Frequently Asked Questions

What happens if I don't respond to a request for admission?

The matter is deemed admitted. Rule 36(a)(3) treats an unanswered request as admitted if the responding party doesn't serve a written answer or objection within 30 days.

Can I object to a request for admission just because it raises a real dispute for trial?

No. Rule 36(a)(5) specifically says a party can't object solely on the ground that the request presents a genuine issue for trial.

Once I admit something under Rule 36, is that binding forever?

It's conclusively established for that lawsuit, and generally can't be withdrawn or amended unless the court allows it — but it isn't an admission for any other purpose and can't be used against you in a different proceeding.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 36). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: requests for admissionRFAdeemed admittedgenuineness of a document