Arizona

Family Law

Family Law

Rule 64 – Requests for Admission

(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 51(b) 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 request must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document.
(3)Number. Unless the parties agree or the court orders otherwise, a party may serve on any other party no more than 25 requests for admission.
(4)Time to Respond; Effect of Not Responding. A matter is admitted unless timely denied or objected to. The responding party must serve a response within 40 days after service, or within 40 days after being served with the request, or within 60 days after service of the summons and petition upon the respondent or execution of an acceptance of service by that respondent. A response must be signed by the party or the party’s attorney. The parties may agree to, or the court may order, a shorter or longer time for responding.
(5)Response. If a request is not admitted, the response must specifically deny it or state in detail why the responding party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the request; and when good faith requires that a party qualify a response or deny only part of a request, the response must specify the part admitted and qualify or deny the rest. The responding 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 an admission or denial.
(6)Objections. A party must state grounds for objecting to a request. A party may not object solely on the ground that the request presents a genuine issue for trial.
(7)Motion Regarding the Sufficiency of a Response or Objection. The requesting party may move to determine the sufficiency of a response or objection.
(b)Effect of an Admission. A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended.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 76.1, 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.

Ariz. R. Fam. Law. proc. 64

Added Oct. 19, 2005, effective Jan. 1, 2006; amended effectiveJan. 1, 2019.