California Civil Jury Instructions (CACI)
210. Requests for Admissions
Before trial, each party has the right to ask another party to admit in writing that certain matters are true. If the other party admits those matters, you must accept them as true. No further evidence is required to prove them.
[However, these matters must be considered true only as they apply to the party who admitted they were true.]
New September 2003
Directions for Use
The bracketed phrase should be given if there are multiple parties.
Sources and Authority
- Requests for admission are authorized by Code of Civil Procedure section 2033.010. Code of Civil Procedure section 2033.410 provides, in part: “Any matter admitted in response to a request for admission is conclusively established against the party making the admission in the pending action. . . . [A]ny admission made by a party under this section is binding only on that party and is made for the purpose of the pending action only. It is not an admission by that party for any other purpose, and it shall not be used in any manner against that party in any other proceeding.”
- “As Professor Hogan points out, ‘[t]he request for admission differs fundamentally from the other five discovery tools (depositions, interrogatories, inspection demands, medical examinations, and expert witness exchanges). These other devices have as their main thrust the uncovering of factual data that may be used in proving things at trial. The request for admission looks in the opposite direction. It is a device that seeks to eliminate the need for proof in certain areas of the case.’ ” (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1577 [25 Cal.Rptr.2d 354] (quoting 1 Hogan, Modern California Discovery (4th ed. 1988) § 9.1, p. 533).)
- All parties to the action may rely on admissions. (See Swedberg v. Christiana Community Builders (1985) 175 Cal.App.3d 138, 143 [220 Cal.Rptr. 544].)
2 Witkin, California Evidence (4th ed. 2000) Discovery, §§ 157–167, 177
1A California Trial Guide, Unit 20, Procedural Rules for Presentation of Evidence, § 20.51 (Matthew Bender)
16 California Forms of Pleading and Practice, Ch. 196, Discovery: Requests for Admissions, § 196.19 (Matthew Bender)
Matthew Bender Practice Guide: California Civil Discovery, Ch. 12, Requests for Admissions