Florida Family Law Rule 12.370
RULE 12.370. REQUESTS FOR ADMISSION
(a) Request for Admission.
(1) Service of Request. A party may serve on any other
party a written request for the admission of the truth of any matters
within the scope of rule 12.280(c), 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. The request and any response must comply with
Florida Rule of General Practice and Judicial Administration 2.425.
Copies of documents must be served with the request unless they
have been or are otherwise furnished or made available for
inspection and copying. However, documents attached to the
request for admission may not be filed with the court and may only
be attached to the copy served on the party to whom the request for
admission is directed. Without leave of court the request may be
served on the petitioner after commencement of the action and on
any other party with or after service of the process and initial
pleading on that party.
(2) Limit on Number of Requests. The request for
admission may not exceed 30 requests, including all subparts,
unless the court permits a larger number on motion and notice and
for good cause, or the parties propounding and responding to the
requests stipulate to a larger number. Each matter of which an
admission is requested must be separately set forth.
(3) Answer or Objection to Request. The matter is
admitted unless the party to whom the request is directed serves on
the party requesting the admission a written answer or objection
addressed to the matter within 30 days after service of the request
or such shorter or longer time as the court may allow but, unless
the court shortens the time, a respondent will not be required to
serve answers or objections before the expiration of 45 days after
service of the process and initial pleading on the respondent. If
objection is made, the reasons must be stated. The answer must
specifically deny the matter or set forth in detail the reasons why
the answering party cannot truthfully admit or deny the matter. A
denial must 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 of which an admission is requested, the
party must 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 that party
states that that party has made reasonable inquiry and that the
information known or readily obtainable by that party is insufficient
to enable that party to admit or deny. A party who considers that a
matter of which an admission has been requested presents a
genuine issue for trial may not object to the request on that ground
alone; the party may deny the matter or set forth reasons why the
party cannot admit or deny it, subject to rule 12.380(c).
(4) Motion to Determine Sufficiency of Answers or
Objections. 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 must 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.
Instead of these orders the court may determine that final
disposition of the request be made at a pretrial conference or at a
designated time before trial. The provisions of rule 12.380(a)(4)
apply to the award of expenses incurred in relation to the motion.
(b) Effect of Admission. Any matter admitted under this
rule is conclusively established unless the court on motion permits
withdrawal or amendment of the admission. Subject to rule 12.200
governing amendment of a pretrial order, the court may permit
withdrawal or amendment when the presentation of the merits of
the action will be subserved by it and the party who obtained the
admission fails to satisfy the court that withdrawal or amendment
will prejudice that party in maintaining an action or defense on the
merits. 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 that party in any other
proceeding.
(a) Request for Admission.
(1) Service of Request. A party may serve on any other
party a written request for the admission of the truth of any matters
within the scope of rule 12.280(c), 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. The request and any response must comply with
Florida Rule of General Practice and Judicial Administration 2.425.
Copies of documents must be served with the request unless they
have been or are otherwise furnished or made available for
inspection and copying. However, documents attached to the
request for admission may not be filed with the court and may only
be attached to the copy served on the party to whom the request for
admission is directed. Without leave of court the request may be
served on the petitioner after commencement of the action and on
any other party with or after service of the process and initial
pleading on that party.
(2) Limit on Number of Requests. The request for
admission may not exceed 30 requests, including all subparts,
unless the court permits a larger number on motion and notice and
for good cause, or the parties propounding and responding to the
requests stipulate to a larger number. Each matter of which an
admission is requested must be separately set forth.
(3) Answer or Objection to Request. The matter is
admitted unless the party to whom the request is directed serves on
the party requesting the admission a written answer or objection
addressed to the matter within 30 days after service of the request
or such shorter or longer time as the court may allow but, unless
the court shortens the time, a respondent will not be required to
serve answers or objections before the expiration of 45 days after
service of the process and initial pleading on the respondent. If
objection is made, the reasons must be stated. The answer must
specifically deny the matter or set forth in detail the reasons why
the answering party cannot truthfully admit or deny the matter. A
denial must 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 of which an admission is requested, the
party must 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 that party
states that that party has made reasonable inquiry and that the
information known or readily obtainable by that party is insufficient
to enable that party to admit or deny. A party who considers that a
matter of which an admission has been requested presents a
genuine issue for trial may not object to the request on that ground
alone; the party may deny the matter or set forth reasons why the
party cannot admit or deny it, subject to rule 12.380(c).
(4) Motion to Determine Sufficiency of Answers or
Objections. 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 must 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.
Instead of these orders the court may determine that final
disposition of the request be made at a pretrial conference or at a
designated time before trial. The provisions of rule 12.380(a)(4)
apply to the award of expenses incurred in relation to the motion.
(b) Effect of Admission. Any matter admitted under this
rule is conclusively established unless the court on motion permits
withdrawal or amendment of the admission. Subject to rule 12.200
governing amendment of a pretrial order, the court may permit
withdrawal or amendment when the presentation of the merits of
the action will be subserved by it and the party who obtained the
admission fails to satisfy the court that withdrawal or amendment
will prejudice that party in maintaining an action or defense on the
merits. 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 that party in any other
proceeding.