Illinois Supreme Court Rule 216 lets any party in a civil case send the opposing side written requests to admit specific facts or to confirm that particular documents are genuine. The responding party has 28 days to answer under oath. Anything left unanswered, or answered without a sworn verification, is treated as admitted automatically, and the admitted facts no longer need to be proved at trial.
What You Can Ask the Other Side to Admit
The rule creates two categories of requests, and each request should stick to one item.
Under Rule 216(a), you can ask the other party to admit the truth of a specific, relevant fact. A typical example reads, “Admit that you were driving the vehicle on March 15, 2025.” Short declarative statements work best. Requests that pack in legal conclusions, ambiguous terms, or multiple facts invite objections instead of answers.
Under Rule 216(b), you can ask the other party to admit that a document is authentic. If you use this form, attach copies of the documents to the request unless you already produced them earlier in discovery.
Both types must be served on every party entitled to notice, not just the party being asked to respond.
The 28-Day Response Deadline
A party served with requests for admission has 28 days from the date of service to respond. The response must be sworn, meaning the party (not the attorney) verifies the answers under oath. An unsworn response is treated the same as no response at all. This is the single most consequential procedural detail in the rule.
Answering on the Merits
Each individual request should get one of the following responses:
- Admit, if the fact is true or the document is genuine.
- Deny, addressing the substance of the request rather than offering a blanket refusal.
- Partial admission, specifying which portion is admitted and denying only the rest. Good faith requires this precision.
- A statement that the party cannot truthfully admit or deny, with a detailed explanation of why. Courts expect a reasonable investigation first, including reviewing available records and consulting people who might know. A vague claim of ignorance will not hold up.
Objecting to a Request
Rule 216(c) allows written objections within the same 28-day window. Recognized grounds are privilege (attorney-client, marital communications, or another evidentiary privilege), irrelevance to the issues in the case, and other defects such as an unintelligible, argumentative, or compound request. Objecting to part of a request does not excuse answering the rest. Either side can bring the objection to the court by prompt motion.
What Happens If You Miss the Deadline
Rule 216 is unforgiving on this point. If a sworn response or valid objection is not served within 28 days, every fact and every document in the request is deemed admitted automatically. No court order is required. No hearing takes place. The admission happens by operation of the rule.
A timely but unsworn response produces the same outcome. Courts consistently treat unsworn responses as defective and trigger the same automatic admission. Deemed admissions function as judicial admissions in the pending case, so the admitted facts are treated as established and the admitting party generally cannot introduce contradictory evidence at trial.
Relief is possible but hard to get. The rule does not spell out a withdrawal procedure the way federal law does, but Illinois trial courts have discretion, which the Illinois Supreme Court confirmed in Vision Point of Sale Inc. v. Haas, 226 Ill. 2d 334 (2007). To succeed, you generally need a compelling reason for the failure and evidence that the other side will not be unfairly prejudiced. Judges rarely grant it. Treat the 28-day deadline as absolute.
The 30-Request Cap and How Subparts Count
Rule 216(f) limits each party to 30 requests served on any single opposing party. You can go higher only with the other side’s written agreement or with court permission for good cause. Subparts count individually toward the cap, so a request with three subparts uses three of your 30. Requests that exceed the limit without authorization risk being struck entirely. If a complex case will need more, negotiate a written agreement early or file a motion explaining why.
How Admissions Can Be Used
Rule 216(e) confines the reach of any admission to the pending lawsuit and to any action refiled under Section 13-217 of the Code of Civil Procedure, which governs voluntary dismissals and refilings. The admission cannot be used against the party in any other proceeding. Admitting a fact for one case does not create a binding statement that follows the party into unrelated litigation.
Public Records Shortcut Under Rule 216(d)
Rule 216(d) offers a streamlined path for public records. A party planning to use public records at trial can prepare copies of the relevant portions and present them to the opposing party with written notice. Those copies are admissible as admitted facts unless the opposing party files a sworn affidavit within 28 days specifically identifying inaccuracies. The mechanism avoids subpoenaing records custodians for documents that are already public.
Service, E-Filing, and the Deadline Clock
Electronic filing is mandatory for civil cases in Illinois under a statewide Supreme Court order, with most filers using Odyssey eFileIL or another approved provider. Narrow exceptions live in Supreme Court Rule 9(c). What matters for Rule 216 is when the clock starts: the 28-day period runs from the date of service, not the date of filing. Track service dates carefully, because the automatic-admission consequence leaves no cushion for a miscount. Both the request and any response or objection must be served on all parties entitled to notice.
How Rule 216 Compares to Federal Rule 36
If your practice crosses into the Northern or Central District of Illinois, several differences matter.
- Numerical limit: Rule 216 caps requests at 30 per party. Federal Rule 36 sets no numerical limit, though individual district courts may impose one by local rule.
- Response deadline: Rule 216 gives 28 days from service. Federal Rule 36 gives 30 days.
- Withdrawing admissions: Federal Rule 36(b) provides a two-part test, asking whether withdrawal would promote resolution on the merits and whether the requesting party would be prejudiced in maintaining or defending the case. Rule 216 contains no comparable withdrawal provision and leaves the question to the trial court’s discretion.
- Scope: Under both rules, admissions are confined to the pending action and cannot be used in other proceedings.
Illinois gives you fewer requests, less time to respond, and less guidance on undoing a mistake. Federal practice is slightly more forgiving on all three.