August 19, 2022: By: Erik Derr, Esq. - Becker's Litigation Department -
A minor, yet significant, change to Rule 4:22-1 of the New Jersey Rules of Court – “Requests for
Admissions” could have major implications for litigants in New Jersey state court actions for the
foreseeable future. This new Rule change makes having the right and experienced legal counsel on
your side handling your litigation matters all the more important.
Requests for Admissions (often referred to as “RFAs”) are a discovery tool, not unlike interrogatories
or request for production of documents, used by litigants to narrow the issues that are in dispute in an
action. The scope of proper RFAs is shaped by Rule 4:10-2 which requires that the subject matter of a
request be (1) “relevant to the subject matter involved in the pending action”, and (2) “relate to the
claim or defense of the party seeking discovery or to the claim or defense of any other party.” Because
RFAs are deemed admitted by the party on whom they were served unless a written answer or
objection is served by such party within thirty days of service, RFAs are a particularly powerful
instrument in a litigant’s pre-trial arsenal.