Sample motion for withdrawal of admissions under Rule 36(b) in United States District Court.

Sample Motion for Withdrawal of Admissions Under Rule 36(b) in United States District Court

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Sample Motion for Withdrawal of Admissions Under Rule 36(b) in United States District Court.

This sample motion for order withdrawing deemed admissions in United States District Court is filed pursuant to Federal Rule of Civil Procedure 36(b) on the grounds that the failure to serve timely responses to the requests for admission was excusable, that granting the motion will promote the presentation of the merits of the action and will not unreasonably prejudice the opposing party. 

The sample has been revised and updated in 2019, is 11 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration, and
  • Proof of service by mail.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.