CACI 210 Requests for Admissions

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.]

Directions for Use

The bracketed phrase should be given if there are multiple parties.

Sources and Authority

Requests for Admission. Code of Civil Procedure section 2033.010.

“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].)

Secondary Sources

2 Witkin, California Evidence (5th ed. 2012) Discovery, §§ 162, 172, 182
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