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 December 2016, is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.