1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County _________________

10

11 Any Plaintiff, ) Case No.

)
12 NOTICE OF MOTION AND MOTION FOR LEAVE
Plaintiff, )
OF COURT TO WITHDRAW OR AMEND
)
13 ADMISSIONS PURSUANT TO CODE OF CIVIL
vs. )
PROCEDURE 2033.300; MEMORANDUM OF
)
14 POINTS AND AUTHORITIES, DECLARATION OF
Any Defendant, )
__________, EXHIBITS
)
15 Defendant. ) DATE: TIME:
) DEPT:
16 )
)
17 )
)
18

19
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- 1 -
NOTICE OF MOTION AND MOTION TO WITHDRAW OR AMEND ADMISSIONS
 1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 TO: _____________________________ AND THEIR ATTORNEY OF RECORD HEREIN:
5
PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter
6
as the matter may be heard, in Department ________ of the above-entitled court, located at
7

8
__________________________, ___________________________will and hereby does move this

9 Court for an order pursuant to Code of Civil Procedure 2033.300 granting leave of Court to

10 ___________ to amend their responses to the requests for admission numbers _______, set one on
11
the grounds that the admissions were the result of mistake, inadvertence, or excusable neglect, and
12
that the party who obtained the admission will not be substantially prejudiced in maintaining that
13
party's action or defense on the merits.
14

15 This motion is based upon this notice, the attached memorandum of points and authorities,

16 declaration of _____________, and exhibits attached thereto, and upon such further oral and
17
documentary evidence as may be presented to the Court by _________________ at the time of the
18
hearing.
19

20 Be sure to modify these paragraphs to suit your individual

21
situation. Do NOT just use the wording here unless it definitely applies
22

23 to your particular situation.

24

25
Dated________________ _______________________________________________
26
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO WITHDRAW OR AMEND ADMISSIONS
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from PROVIDE HERE A BRIEF DESCRIPTION OF THE CASE SUCH
5

6
AS CAUSES OF ACTION, DATE FILED, ETC.

7 On ____________ served requests for admission on ___________ requesting that they admit

8 the truth of certain matters specified in the requests for admission. Said requests for admission
9
included LIST HERE THE CERTAIN MATTERS THAT WERE SPECIFIED IN THE
10
REQUESTS FOR ADMISSION THAT WERE SERVED.
11

12 To purchase the entire 11 page document visit:

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15 withdraw-or-amend-admissions-in-california
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NOTICE OF MOTION AND MOTION TO WITHDRAW OR AMEND ADMISSIONS