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Include the following notice if a minor is named in the caption or if the request contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Request for Admissions
To: [name], by and through [his/her] attorney of record, [name and address of attorney].
[Petitioner/Respondent], [name], requests [Respondent/Petitioner], [name], to admit the truth of the matters, including statements of opinion or of the application of law to fact or the genuineness of any documents served with this request, as set forth in the attachment. These requests for admissions are made under rule 198.1 of the Texas Rules of Civil Procedure, and each of the matters of which an admission is requested shall be deemed admitted unless a response is delivered to [name] within [thirty/fifty] days after service of this request. Unless [Respondent/Petitioner] states an objection or asserts a privilege, [Respondent/Petitioner] must specifically admit or deny each request or explain in detail the reasons that [Respondent/Petitioner] cannot admit or deny the request. A response must fairly meet the substance of the request. [Respondent/Petitioner] may qualify an answer, or deny a request in part, only when good faith requires. Lack of information or knowledge is not a proper response unless [Respondent/Petitioner] states that a reasonable inquiry was made but that the information known or easily obtainable is insufficient to enable [Respondent/Petitioner] to admit or deny. An assertion that the request presents an issue for trial is not a proper response.
[Name]
Attorney for [Petitioner/Respondent]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]Attorney for [Petitioner/Respondent]
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The following are sample admissions. |
1.Admit or Deny
that on [date] you signed a [Premarital Agreement/Partition and Exchange Agreement/[title of other property agreement]] under the name of [name], a copy of which is attached as Exhibit [exhibit number/letter].
Answer:
2.Admit or Deny
that, as [name of person answering admissions], you signed the [Premarital Agreement/Partition and Exchange Agreement/[title of other property agreement]], a copy of which is attached as Exhibit [exhibit number/letter], voluntarily, without threat of force or duress.
Answer:
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Note: The enforcement standards for property agreements may vary depending on the date of the execution of the agreement. |
3.Admit or Deny
that the [Premarital Agreement/Partition and Exchange Agreement/[title of other property agreement]], a copy of which is attached as Exhibit [exhibit number/letter], provided a fair and reasonable disclosure of the property and financial obligations of [Petitioner/Respondent], [name].
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Or |
that, as [name of person answering admissions], you voluntarily signed the waiver of any right to disclosure of the property and financial obligations of [Petitioner/Respondent], [name], a copy of which is attached as Exhibit [exhibit number/letter].
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Or |
that you had or reasonably could have had adequate knowledge of the property and financial obligations of [Petitioner/Respondent], [name].
Answer:
4.Admit or Deny
that property described in the [Premarital Agreement/Partition and Exchange Agreement/[title of other property agreement]], a copy of which is attached as Exhibit [exhibit number/letter], signed by you as [name of person answering admissions] and by [Petitioner/Respondent], [name], is the sole and separate property of [name].
Answer:
5.Admit or Deny
that, as [name of person answering admissions], you have not personally contributed to the operation, management, or control of [name of corporation or company].
Answer:
6.Admit or Deny
that [name or description of asset] is the separate property of [Petitioner/Respondent], [name].
Answer:
7.Admit or Deny
that the document, a copy of which is attached as Exhibit [exhibit number/letter], is genuine.
Answer:
8.Admit or Deny
that the nature of your employment requires you to [describe nature of work-related problem].
Answer:
9.Admit or Deny
that on or around [date] you became involved in an extramarital sexual relationship with [name].
Answer:
10.Admit or Deny
that you are currently residing at [address] with [name of paramour].
Answer:
11.Admit or Deny
that [name[s] of child[ren]] [has/have] expressed a desire to live with [Petitioner/Respondent], [name].
Answer:
12.Admit or Deny
that, since your separation from [Petitioner/Respondent], [name], on or about [date], you have visited with [name[s] of child[ren]] only as follows: [specify].
Answer:
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Include other admissions warranted by the facts of the particular case. |