Form 18-7

Attach to this form a copy of the facts requested to be admitted. For pattern requested admissions, see forms 18-8 through 18-13 in this chapter. This form is addressed to the defendant through his attorney if he is represented by one. Otherwise, the notice should be sent directly to the defendant, addressed “To: [name of defendant], Defendant.” This form assumes that the requests for admissions are being served on the defendant after he has answered. Requests for admissions are discussed generally in part III. in this chapter.

The requested admissions listed in forms 18-8 through 18-13 are to be used only as a guide and cannot be considered appropriate for all litigation. These pattern sets include elements of more commonly encountered situations. Requested admissions based on written documents should be drafted to con­form to the specific terms and conditions of the documents giving rise to the creditor’s claim.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Plaintiff’s Request for Admissions

To:    [name of defendant], Defendant, by and through [his/her] attorney of record, [name and address of attorney].

Pursuant to rule 198 of the Texas Rules of Civil Procedure, you are requested to admit the truth of each of the relevant matters stated in the attached list of facts requested to be admitted [include if applicable: and to admit the genuineness of each of the relevant docu­ments described in and exhibited with the attached requested admissions].

Each of the matters of which an admission is requested will be deemed admitted unless, within thirty days after service, you deliver or cause to be delivered to me a statement denying specifically each matter of which an admission is requested, objecting to the admission and stating the reason(s) for your objection, or stating in detail the reason(s) you cannot truthfully admit or deny the matter.

Please note that if, after you submit your responses to these requests for admissions, you learn that any such response was either incomplete when made, or, although complete and correct when made, it is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such a response. Any  amended or supplemental response made less than thirty days before trial will be presumed not to have been made reasonably promptly. A failure to make, amend, or supplement a response in a timely manner may result in your not being able to introduce into evidence the material or information not timely disclosed.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]