1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, )
NOTICE OF MOTION AND MOTION FOR
)
WITHDRAWAL OF ADMISSIONS;
13 vs. )
MEMORANDUM OF POINTS AND
)
AUTHORITIES; DECLARATION OF_______;
14 Any Defendant, and DOES 1-5 )
EXHIBITS
)
Defendants. )
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) DATE:
) TIME:
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) PLACE
)
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)
)
18 )
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20 To subscribe to my FREE weekly legal newsletter visit

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http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
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23 address.
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25
To view over 300 sample legal documents for sale by
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LegalDocsPro visit: http://www.scribd.com/LegalDocsPro
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28 Be sure to remove this notice and all other notices before

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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMSSIONS
 1

2 using this document.

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PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
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above-entitled Court located at ___________________________, ______ will move this
5

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will and does move this Court to withdraw or amend certain admissions pursuant to Federal Rule of

7 Civil Procedure 36(b) on the grounds that the Court may withdraw or amend a Request for

8 Admission response if such action by the Court will promote the presentation of the merits of the
9
action and will not unreasonably prejudice the ____________. __________ contends that such
10
action by the Court will promote the presentation of the merits of the action and will not
11
unreasonably prejudice the _____________.
12

13 This motion is made pursuant to Federal Rule of Civil Procedure 36(b) (Rule 36(b)) and

14 shall be based upon this Notice, the attached Memorandum of Points and Authorities, the declaration
15
of _________ and Exhibits attached thereto, the complete files and records of this action, and such
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other and further oral and documentary evidence as may be presented at the hearing on this Motion.
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19 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMSSIONS
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from LIST HERE BRIEF DETAILS OF THE CASE SUCH AS BREACH
5

6
OF CONTRACT, ETC. See Plaintiffs complaint on file.

7 On or about ______________ propounded various discovery requests including requests for

8 admission on ___________________.
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The moving party failed to timely serve responses to the requests for admission due to the fact
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that LIST HERE IN DETAIL THE FACTS AS TO WHY YOU DID NOT SERVE TIMELY
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RESPONSES TO THE REQUESTS FOR ADMSSION. See the Declaration of ______________
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13 and Exhibits attached thereto filed and served concurrently and incorporated herein by reference.

14
You need to state the facts that pertain to your particular situation
15

16 such as you were ill and could not timely file responses, family
17
emergency, etc. You need to show the reasons why you did not serve
18

19 timely responses to the requests for admission. Do not just use the
20
wording from this sample for this paragraph.
21

22
To purchase the entire 11 page document visit:
23

24 https://legaldocspro.myshopify.com/products/sample-motion-
25

26 for-withdrawal-of-admissions-under-rule-36b-in-united-states-
27

28
district-court

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NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF ADMSSIONS