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Rule 36

This rule was superseded on 11/1/2011. The current version of this rule is found at this page.

Rule 36. Request for admission.

(a) Request for admission.

(a)(1) A party may serve upon any other party a writtenrequest for the admission, for purpose of the pending action only, of the truthof any matters within the scope of Rule 26(b) set forth in the request thatrelate to statements or opinions of fact or of the application of law to fact,including the genuineness of any documents described in the request. Therequest for admission shall contain a notice advising the party to whom therequest is made that, pursuant to Rule 36, the matters shall be deemed admittedunless said request is responded to within 30 days after service of the requestor within such shorter or longer time as the court may allow. Copies ofdocuments shall be served with the request unless they have been or areotherwise furnished or made available for inspection and copying. Without leaveof court or written stipulation, requests for admission may not be servedbefore the time specified in Rule 26(d).

(a)(2) Each matter of which an admission is requested shallbe separately set forth. The matter is admitted unless, within thirty daysafter service of the request, or within such shorter or longer time as thecourt may allow, the party to whom the request is directed serves upon theparty requesting the admission a written answer or objection addressed to thematter, signed by the party or by his attorney, but, unless the court shortensthe time, a defendant shall not be required to serve answers or objectionsbefore the expiration of 45 days after service of the summons and complaintupon him. If objection is made, the reasons therefor shall be stated. Theanswer shall specifically deny the matter or set forth in detail the reasonswhy the answering party cannot truthfully admit or deny the matter. A denialshall fairly meet the substance of the requested admission, and when good faithrequires that a party qualify his answer or deny only a part of the matter ofwhich an admission is requested, he shall specify so much of it as is true andqualify or deny the remainder. An answering party may not give lack ofinformation or knowledge as a reason for failure to admit or deny unless hestates that he has made reasonable inquiry and that the information known orreadily obtainable by him is insufficient to enable him to admit or deny. Aparty who considers that a matter of which an admission has been requestedpresents a genuine issue for trial may not, on that ground alone, object to therequest; he may, subject to the provisions of Rule 37(c), deny the matter orset forth reasons why he cannot admit or deny it.

(a)(3) The party who has requested the admissions may moveto determine the sufficiency of the answers or objections. Unless the courtdetermines that an objection is justified, it shall order that an answer beserved. If the court determines that an answer does not comply with therequirements of this rule, it may order either that the matter is admitted orthat an amended answer be served. The court may, in lieu of these orders,determine that final disposition of the request be made at a pretrialconference or at a designated time prior to trial. The provisions of Rule37(a)(4) apply to the award of expenses incurred in relation to the motion.

(b) Effect of admission. Any matter admitted under this ruleis conclusively established unless the court on motion permits withdrawal oramendment of the admission. Subject to the provisions of Rule 16 governingamendment of a pretrial order, the court may permit withdrawal or amendment whenthe presentation of the merits of the action will be subserved thereby and theparty who obtained the admission fails to satisfy the court that withdrawal oramendment will prejudice him in maintaining his action or defense on themerits. Any admission made by a party under this rule is for the purpose of thepending action only and is not an admission by him for any other purpose normay it be used against him in any other proceeding.