Requests for Admission: The Deadline With Teeth
Responses to requests for admission are due 30 days after service under Code of Civil Procedure section 2033.250. Every written discovery deadline in California matters, but this one is different, because the penalty for blowing it is the worst in the discovery act.
Why RFAs are the most dangerous deadline in discovery
Miss the deadline on interrogatories and you waive objections. Miss the deadline on RFAs and the propounding party can move to have every request deemed admitted (CCP section 2033.280). Deemed admissions are established facts for the entire case. Lawyers have lost summary judgment, and whole cases, on facts nobody actually agreed to, because a response was served late.
There is one escape hatch: if you serve substantially compliant proposed responses before the hearing on the deemed admitted motion, the court must deny the motion. You will almost certainly pay sanctions anyway, and you will have spent a very bad week getting there.
Calculating the real due date
Start at 30 days from service. Electronic service adds 2 court days, mail within California adds 5 calendar days, out-of-state mail adds 10, international adds 20, and overnight delivery adds 2 court days. Weekend or court holiday on the last day pushes the deadline to the next court day. California court holidays include a few that catch people off guard, like Cesar Chavez Day at the end of March and the day after Thanksgiving.
FAQ
The responses were one day late. Is everything admitted automatically?
No. Admissions are not automatic; the propounding party has to bring a motion. Serve substantially compliant responses immediately, before any hearing, and the motion must be denied. Expect sanctions.
Do RFA responses need verification?
Yes. An unverified RFA response is treated as no response, which walks you straight into deemed admitted territory.
Can deemed admissions be withdrawn later?
Sometimes, by motion under CCP section 2033.300, on a showing of mistake, inadvertence, or excusable neglect. Courts have discretion, which means no guarantees.
This page is general legal information, not legal advice. Verify every deadline against the current code and your court’s rules.
Related: Interrogatory response deadlines · RFP response deadlines · Trial countdown calculator