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Rule 36. Request foradmission.

(a) Request for admission. A party may serve upon any otherparty a written request to admit the truth of any discoverable matter set forthin the request, including the genuineness of any document. The matter mustrelate to statements or opinions of fact or of the application of law to fact.Each matter must be separately stated and numbered. A copy of the document mustbe served with the request unless it has already been furnished or madeavailable for inspection and copying.

(b) Required caution language on requestfor admission.

(1) All requestsfor admission mustinclude the following caution language at the top right corner of the firstpage of the document, in bold type: Youmust respond to these requests for admissions within 28 days or the court willconsider you to have admitted the truth of the matter as set forth in theserequests.

(2) Failure to include the cautionlanguage may provide the non-requesting party with a basis under Rule 60(b) forexcusable neglect to set aside any resulting order or judgment.

(c) Answer or objection.

(1) The matteris admitted unless, within 28 days after service of the request, the respondingparty serves upon the requesting party a written response.

(2) Theanswering party must restate each request before responding to it. Unless theanswering party objects to a matter, the party must admit or deny the matter orstate in detail the reasons why the party cannot truthfully admit or deny. Aparty may identify the part of a matter which is true and deny the rest. Adenial must fairly meet the substance of the request. Lack of information isnot a reason for failure to admit or deny unless, after reasonable inquiry, theinformation known or reasonably available is insufficient to enable anadmission or denial. A party who considers the subject of a request foradmission to be a genuine issue for trial may not object on that ground alonebut may, subject to Rule 37(c), deny the matter or state the reasons forthe failure to admit or deny.

(3) If the partyobjects to a matter, the party must state the reasons for the objection. Anyreason not stated is waived unless excused by the court for good cause. Theparty must admit or deny any part of a matter that is not objectionable. It isnot grounds for objection that the truth of a matter is a genuine issue fortrial.

(d) Effect of admission. Any matter admitted under this ruleis conclusively established unless the court on motion permits withdrawal oramendment of the admission. The court may permit withdrawal or amendment if thepresentation of the merits of the action will be promoted and withdrawal oramendment will not prejudice the requesting party. Any admission under thisrule is for the purpose of the pending action only. It is not an admission forany other purpose, nor may it be used in any other action.

 

Effective May 1, 2021