What document makes the other party admit or deny in discovery?
Answer
The discovery document is a Request for Admissions. It asks the opposing party to admit or deny specific facts, the application of law to fact, or the genuineness of documents. Mo. Sup. Ct. R. 59.01
Under Missouri procedure, each request generally must be answered separately. Failure to timely respond may result in the matter being deemed admitted and conclusively established in the case. Lane House Constr., Inc. v. Ogrowsky, 2014 WL ___ (Mo. App. E.D. 2014); Smith v. Woodard, 919 S.W.2d 565 (Mo. App. W.D. 1996).
Typical title: Plaintiff’s First Request for Admissions to Defendant
In federal court, the equivalent is governed by Fed. R. Civ. P. 36.
Sources & References
- Rule 36. Requests for Admission
- Federal Rule of Civil Procedure 36
- 28 U.S.C. Appendix, Federal Rules of Civil Procedure, Rule 36 (2023)
- Lane House Construction, Inc. v. Ogrowsky (2014)
- Smith v. Woodard (2000)
- Scope of Requests for Admissions—Linde v. Kilbourne
- Request for Admissions—The Neglected Tool of Discovery
- EC-2011-0326—O Dir Responses—Grant Mo—Setting PHC—5-26-11
- Requests for Admissions Under Rule 36 of the Federal Rules of Civil Procedure
- Rule 36. Requests for Admission
- Mo. Sup. Ct. R. 56.01