Rule 36. Request for admission.
(a) Request for admission. A
party may serve upon any other party a written request to admit the truth of
any discoverable matter set forth in the request, including the genuineness of
any document. The matter must relate to statements or opinions of fact or of
the application of law to fact. Each matter shall be separately stated and
numbered. A copy of the document shall be served with the request unless it has
already been furnished or made available for inspection and copying. The
request shall notify the responding party that the matters will be deemed
admitted unless the party responds within 28 days after service of the request.
(b) Answer or objection.
(b)(1) The matter is admitted unless, within 28 days
after service of the request, the responding party serves upon the requesting
party a written response.
(b)(2) The answering party shall restate each request
before responding to it. Unless the answering party objects to a matter, the
party must admit or deny the matter or state in detail the reasons why the
party cannot truthfully admit or deny. A party may identify the part of a
matter which is true and deny the rest. A denial shall fairly meet the
substance of the request. Lack of information is not a reason for failure to
admit or deny unless, after reasonable inquiry, the information known or
reasonably available is insufficient to enable an admission or denial. A party
who considers the subject of a request for admission to be a genuine issue for
trial may not object on that ground alone but may, subject to Rule 37(f), deny
the matter or state the reasons for the failure to admit or deny.
(b)(3) If the party objects to a matter, the party
shall state the reasons for the objection. Any reason not stated is waived
unless excused by the court for good cause. The party shall admit or deny any
part of a matter that is not objectionable. It is not grounds for objection
that the truth of a matter is a genuine issue for trial.
(c) Effect of admission. Any
matter admitted under this rule is conclusively established unless the court on
motion permits withdrawal or amendment of the admission. The court may permit
withdrawal or amendment if the presentation of the merits of the action will be
promoted and withdrawal or amendment will not prejudice the requesting party.
Any admission under this rule is for the purpose of the pending action only. It
is not an admission for any other purpose, nor may it be used in any other
action.