Monday, November 25, 2024

Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

(See Fed. R. Civ. P. 36)

LR 36-1 Requests for Admission - Generally

(a) Not Filed With the Court (See LR 5-9)

Unless directed by the Court, requests for admission will not be filed with the Court. Instead they will be maintained by counsel and made available to parties upon request. Requests for admission presented for filing without Court approval will be returned to the offering party. To facilitate responding, a courtesy copy of the requests for admission must be e-mailed concurrently pursuant to LR 5-9(b).

(b) Use of Non-Filed Requests

This rule does not preclude the use of requests for admission and responses as exhibits or evidence in support of a motion or at trial.

(c) Definitions

Each request must state in concise language the admission requested. In no case may a request for admission refer to a definition not contained within the request for admission or preamble. Only terms actually used in the request for admission may be defined.

LR 36-2 Response or Objections (See Fed. R. Civ. P. 36(a))

Every response, denial, or objection must set forth each request in full, followed by the admission, denial, or objection. 


Amendment History to LR 36
June 1, 2006
LR 36.1(a) The first sentence divided into two sentences. "Requests for admissions shall be served . . . ." added.
LR 36.1(b) The words "for introduction" stricken.
LR 36.3 New Rule adding Waiver of Objections and cross-reference to LR 26.7. Motions to Compel re-numbered to LR 36.4.
LR 36.5 The words "With Order Compelling Response to Request for Admissions" added to heading.
December 1, 2009
LR 36-1(a) Text change to last sentence, from "Requests for admission shall be served pursuant to Fed. R. Civ. P. 5...." to "To facilitate responding, a courtesy copy of the requests for admission must be e-mailed concurrently...."
The word "will" substituted for "shall."
LR 36.3 Removed as a rule without a rule.
LR 36.4 Removed as a rule without a rule.
LR 36.5 Removed as a rule without a rule.
March 1, 2014
 LR 36-1(a) In the caption, updated cross-reference from "LR 5-2" to "LR 5-2." In the rule text, updated cross-reference from "LR 5-2(b)" to "LR 5-10(b)."
March 1, 2016
LR 36-1(a) In the caption, updated cross-reference from "LR 5-10" to "LR 5-11." In the rule text, updated cross-reference from "LR 5-10(b)" to "LR 5-11(b)." 
LR 36-2 Deleted the second sentence.
January 1, 2019
LR 36-1(a) In the title, updated the cross-reference from "LR 5-11" to "LR 5-10." In the rule text, updated the cross-reference from "LR 5-11(b)" to "LR 5-10(b)."
January 21, 2020

LR 36-1(a)

In the title, updated the cross-reference from "LR 5-10" to "LR 5-9."  In the rule text, updated the cross-reference from "LR 5-10(b)" to "LR 5-9(b)."