SECTIONS 2033.210-2033.300 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2033.210-2033.300

2033.210. (a) The party to whom requests for admission have been
directed shall respond in writing under oath separately to each
request.
(b) Each response shall answer the substance of the requested
admission, or set forth an objection to the particular request.
(c) In the first paragraph of the response immediately below the
title of the case, there shall appear the identity of the responding
party, the set number, and the identity of the requesting party.
(d) Each answer or objection in the response shall bear the same
identifying number or letter and be in the same sequence as the
corresponding request, but the text of the particular request need
not be repeated.

2033.220. (a) Each answer in a response to requests for admission
shall be as complete and straightforward as the information
reasonably available to the responding party permits.
(b) Each answer shall:
(1) Admit so much of the matter involved in the request as is
true, either as expressed in the request itself or as reasonably and
clearly qualified by the responding party.
(2) Deny so much of the matter involved in the request as is
untrue.
(3) Specify so much of the matter involved in the request as to
the truth of which the responding party lacks sufficient information
or knowledge.
(c) If a responding party gives lack of information or knowledge
as a reason for a failure to admit all or part of a request for
admission, that party shall state in the answer that a reasonable
inquiry concerning the matter in the particular request has been
made, and that the information known or readily obtainable is
insufficient to enable that party to admit the matter.

2033.230. (a) If only a part of a request for admission is
objectionable, the remainder of the request shall be answered.
(b) If an objection is made to a request or to a part of a
request, the specific ground for the objection shall be set forth
clearly in the response. If an objection is based on a claim of
privilege, the particular privilege invoked shall be clearly stated.
If an objection is based on a claim that the matter as to which an
admission is requested is protected work product under Chapter 4
(commencing with Section 2018.010), that claim shall be expressly
asserted.

2033.240. (a) The party to whom the requests for admission are
directed shall sign the response under oath, unless the response
contains only objections.
(b) If that party is a public or private corporation, or a
partnership or association or governmental agency, one of its
officers or agents shall sign the response under oath on behalf of
that party. If the officer or agent signing the response on behalf of
that party is an attorney acting in that capacity for the party,
that party waives any lawyer-client privilege and any protection for
work product under Chapter 4 (commencing with Section 2018.010)
during any subsequent discovery from that attorney concerning the
identity of the sources of the information contained in the response.
(c) The attorney for the responding party shall sign any response
that contains an objection.

2033.250. (a) Within 30 days after service of requests for
admission, the party to whom the requests are directed shall serve
the original of the response to them on the requesting party, and a
copy of the response on all other parties who have appeared, unless
on motion of the requesting party the court has shortened the time
for response, or unless on motion of the responding party the court
has extended the time for response.
(b) Notwithstanding subdivision (a), in an unlawful detainer
action or other proceeding under Chapter 4 (commencing with Section
1159) of Title 3 of Part 3, the party to whom the request is directed
shall have at least five days from the date of service to respond,
unless on motion of the requesting party the court has shortened the
time for response, or unless on motion of the responding party the
court has extended the time for response.

2033.260. (a) The party requesting admissions and the responding
party may agree to extend the time for service of a response to a set
of admission requests, or to particular requests in a set, to a date
beyond that provided in Section 2033.250.
(b) This agreement may be informal, but it shall be confirmed in a
writing that specifies the extended date for service of a response.
(c) Unless this agreement expressly states otherwise, it is
effective to preserve to the responding party the right to respond to
any request for admission to which the agreement applies in any
manner specified in Sections 2033.210, 2033.220, and 2033.230.
(d) Notice of this agreement shall be given by the responding
party to all other parties who were served with a copy of the
request.

2033.270. (a) The requests for admission and the response to them
shall not be filed with the court.
(b) The party requesting admissions shall retain both the original
of the requests for admission, with the original proof of service
affixed to them, and the original of the sworn response until six
months after final disposition of the action. At that time, both
originals may be destroyed, unless the court, on motion of any party
and for good cause shown, orders that the originals be preserved for
a longer period.

2033.280. If a party to whom requests for admission are directed
fails to serve a timely response, the following rules apply:
(a) The party to whom the requests for admission are directed
waives any objection to the requests, including one based on
privilege or on the protection for work product under Chapter 4
(commencing with Section 2018.010). The court, on motion, may relieve
that party from this waiver on its determination that both of the
following conditions are satisfied:
(1) The party has subsequently served a response that is in
substantial compliance with Sections 2033.210, 2033.220, and
2033.230.
(2) The party's failure to serve a timely response was the result
of mistake, inadvertence, or excusable neglect.
(b) The requesting party may move for an order that the
genuineness of any documents and the truth of any matters specified
in the requests be deemed admitted, as well as for a monetary
sanction under Chapter 7 (commencing with Section 2023.010).
(c) The court shall make this order, unless it finds that the
party to whom the requests for admission have been directed has
served, before the hearing on the motion, a proposed response to the
requests for admission that is in substantial compliance with Section
2033.220. It is mandatory that the court impose a monetary sanction
under Chapter 7 (commencing with Section 2023.010) on the party or
attorney, or both, whose failure to serve a timely response to
requests for admission necessitated this motion.

2033.290. (a) On receipt of a response to requests for admissions,
the party requesting admissions may move for an order compelling a
further response if that party deems that either or both of the
following apply:
(1) An answer to a particular request is evasive or incomplete.
(2) An objection to a particular request is without merit or too
general.
(b) A motion under subdivision (a) shall be accompanied by a meet
and confer declaration under Section 2016.040.
(c) Unless notice of this motion is given within 45 days of the
service of the response, or any supplemental response, or any
specific later date to which the requesting party and the responding
party have agreed in writing, the requesting party waives any right
to compel further response to the requests for admission.
(d) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to compel
further response, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
(e) If a party then fails to obey an order compelling further
response to requests for admission, the court may order that the
matters involved in the requests be deemed admitted. In lieu of or in
addition to this order, the court may impose a monetary sanction
under Chapter 7 (commencing with Section 2023.010).

2033.300. (a) A party may withdraw or amend an admission made in
response to a request for admission only on leave of court granted
after notice to all parties.
(b) The court may permit withdrawal or amendment of an admission
only if it determines that the admission was the result of mistake,
inadvertence, or excusable neglect, and that the party who obtained
the admission will not be substantially prejudiced in maintaining
that party's action or defense on the merits.
(c) The court may impose conditions on the granting of the motion
that are just, including, but not limited to, the following:
(1) An order that the party who obtained the admission be
permitted to pursue additional discovery related to the matter
involved in the withdrawn or amended admission.
(2) An order that the costs of any additional discovery be borne
in whole or in part by the party withdrawing or amending the
admission.