Article 31 of the CPLR provides an array of tools to facilitate discovery. One of those tools is the notice to admit. Its intended function is to allow for the resolution of factual matters or issues that are not reasonably in dispute. A party served with a notice to admit must not ignore it. The statute provides that, if a party fails to respond to a notice to admit in a timely manner, the matters to which it is directed may be deemed admitted. Accordingly, unlike some discovery instruments, there are significant, adverse consequences or potential dispositions that may arise from the failure to respond to it in a timely fashion. In this column, we discuss the permissible scope of a notice to admit and the safeguards the statute provides if a demand contains improper items.
Scope and Purpose
Notices to admit are authorized by CPLR 3123. The statute provides, in relevant part, as follows:
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