When you think of “written discovery,” what comes to mind? Likely you think first of requests for documents under R. 4:18 and interrogatories under R. 4:17. Many litigators probably even have forms for discovery under those two rules. However, requests to admit under R. 4:22, a third category of written discovery, are much less likely to come to mind and much less likely to exist as a form in a litigator’s toolbox. This underutilized and underappreciated type of written discovery can be a powerful tool to narrow issues in litigation in a way other forms of discovery cannot; it should be considered for more frequent use.

Under R. 4:22-1, a party to a New Jersey litigation may request an admission “of the truth of any matters of fact.” The scope of facts that can be the subject of a request to admit is governed by the same relevancy standard as other types of discovery requests under R. 4:10-2, that is, facts that are either admissible or reasonably calculated to lead to the discovery of admissible evidence. Although New Jersey courts sometimes look to federal court decisions relating to the application of discovery rules, in this instance the New Jersey Court Rules do not follow the Federal Rules of Civil Procedure as to the scope of permitted requests to admit. The Federal Rules permit a request to admit the truth of “facts, the application of law to fact, or opinions about either.” Fed. R. Civ. P. 36(a). But in New Jersey, a party may seek only an admission of fact.