Arizona Rules of Family Law Procedure | Rule 64 Requests for Admission

A. Request for Admission Regarding Authenticity of Documents. 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 within the scope of Rule 51(B) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request. The request may, without leave of court, be served upon the petitioner after commencement of the action and upon any other party with or after service of the summons and petition upon that party. Each matter for which an admission is requested shall be separately set forth. The matter is admitted unless, within forty (40) days after service of the request, or, in the case of a respondent, within sixty (60) days after service of the summons and petition upon that respondent or execution of a waiver of service by that respondent, 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. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the authenticity of any document of documents or set forth in detail the reasons why the answering party cannot truthfully admit or deny the request. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter for which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter for which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 65(C), deny the matter or set forth reasons why the party cannot admit or deny it. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial.

B. Procedure. Each request shall contain only one (1) request for genuineness of all documents or categories of documents. Each party shall be entitled to submit no more than twenty-five (25) requests in any case without leave of court, except upon agreement of all parties or upon order of the court for good cause shown.

C. Effect of Admission. Any matter admitted under this rule is conclusively established unless the court for good cause shown permits withdrawal or amendment of the admission. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose, nor may it be used against the party in any other proceeding.