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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 shall be separately stated and numbered. A copy of the documentshall be served with the request unless it has already been furnished or madeavailable for inspection and copying. The request shall notify the respondingparty that the matters will be deemed admitted unless the party responds within28 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 uponthe requesting party a written response.

(b)(2) The answering party shallrestate each request before responding to it. Unless the answering partyobjects to a matter, the party must admit or deny the matter or state in detailthe reasons why the party cannot truthfully admit or deny. A party may identifythe part of a matter which is true and deny the rest. A denial shall fairlymeet the substance of the request. Lack of information is not a reason for failureto admit or deny unless, after reasonable inquiry, the information known orreasonably available is insufficient to enable an admission or denial. A partywho considers the subject of a request for admission to be a genuine issue fortrial may not object on that ground alone but may,subject to Rule 37(c), deny the matter orstate the reasons for the failure to admit or deny.

(b)(3) If the party objects to amatter, the party shall state the reasons for the objection. Any reason notstated is waived unless excused by the court for good cause. The party shalladmit or deny any part of a matter that is not objectionable. It is not groundsfor objection that the truth of a matter is a genuine issue for trial.

(c) Effect of admission. Any matter admitted under thisrule is conclusively established unless the court on motion permits withdrawalor amendment of the admission. The court may permit withdrawal or amendment ifthe presentation 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 January 25, 2017