Requests for admission are an underutilized tool in litigation. In New Jersey (and in federal court), it is essential to keep in mind that requests for admission that are unanswered after 30 days are deemed admitted.
Requests for admission in New Jersey are governed by Rule 4:22-1 which states in relevant parts,A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters of fact or opinion within the scope of R. 4:10-2 set forth in the request, including the genuineness of any documents described in the request.
Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney
Because unanswered requests for admission are deemed admitted, it is important to be as thorough as possible when drafting requests for admission, just in case the other side fails to respond in time. As Rule 4:22-2 establishes, “Any matter admitted under this rule is conclusively established...” The court may grant a motion for an admission to be withdrawn or amended, but the value of obtaining a “conclusively established” admission (or avoiding making one through careless tardiness) cannot be overstated.