Code of Civil Procedure § 2033.290 – Motion to Compel Further Responses to Requests for Admission
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Code of Civil Procedure § 2033.290 – Motion to Compel Further Responses to Requests for Admission
Code of Civil Procedure – CCP
PART 4. MISCELLANEOUS PROVISIONS [1855 – 2107]
( Heading of Part 4 amended by Stats. 1965, Ch. 299. )TITLE 4. CIVIL DISCOVERY ACT [2016.010 – 2036.050]
( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. )CHAPTER 16. Requests for Admission [2033.010 – 2033.420]
( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. )ARTICLE 2. Response to Requests For Admission [2033.210 – 2033.300]
( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )California Law
2033.290.
(a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply:
(1) An answer to a particular request is evasive or incomplete.
(2) An objection to a particular request is without merit or too general.
(b) (1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040.
(2) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute.
(c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission.
(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
(e) If a party then fails to obey an order compelling further response to requests for admission, the court may order that the matters involved in the requests be deemed admitted. In lieu of, or in addition to, this order, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(Amended by Stats. 2018, Ch. 317, Sec. 5. (AB 2230) Effective January 1, 2019. Section operative January 1, 2020, pursuant to Sec. 6, Stats. 2018, Ch. 317.)
California Law Summary
This statute addresses a party’s right to compel further responses to requests for admission. It allows a motion to be filed when:
An answer to a request for admission is evasive or incomplete,
An objection is unjustified or overly general, or
There is an inadequate denial or failure to admit or deny.
The motion must be made within 45 days after service of the response.
Purpose
To maintain the effectiveness of requests for admission in narrowing issues for trial by ensuring that parties provide meaningful, straightforward responses. This encourages resolution of undisputed facts and reduces the need for extensive evidence at trial.
Application
This provision applies when a party receives responses to requests for admission that are:
Insufficient, evasive, or improperly objected to,
Not in compliance with statutory requirements for clarity and completeness.
The moving party must file a motion to compel further responses within 45 days of receiving the response, and must demonstrate the basis for the insufficiency. Courts may order amended responses and impose sanctions if noncompliance is found.
