RULE 90. REQUESTS FOR ADMISSION
- (a) Scope and Time of Request:. A party may serve upon any other
party a written request for the admission, for purposes of the
pending action only, of the truth of any matters which are not
privileged and are relevant to the subject matter involved in the
pending action, but only if such matters are set forth in the
request and relate to statements or opinions of fact or of the
application of law to fact, including the genuineness of any
documents described in the request. However, the Court expects the
parties to attempt to attain the objectives of such a request
through informal consultation or communication before utilizing the
procedures provided in this Rule. Requests for admission shall not
be commenced, without leave of Court, before the expiration of 30
days after joinder of issue. See Rule
38. Requests for admission shall be completed and any motion to
review under paragraph (e) hereof shall be filed, unless otherwise
authorized by the Court, no later than 45 days prior to the date
set for call of the case from a trial calendar.
- (b) The Request: The request may, without leave of Court, be
served by any party to a pending case. Each matter of which an
admission is requested shall be separately set forth. Copies of
documents shall be served with the request unless they have been or
are otherwise furnished or made available for inspection and
copying. The party making the request shall serve a copy thereof on
the other party, and shall file the original with proof of service
with the Court.
- (c) Response to Request: Each matter is deemed admitted unless,
within 30 days after service of the request or within such shorter
or longer time as the Court may allow, the party to whom the
request is directed serves upon the requesting party (1) a written
answer specifically admitting or denying the matter involved in
whole or in part, or asserting that it cannot be truthfully
admitted or denied and setting forth in detail the reasons why this
is so, or (2) an objection, stating in detail the reasons therefor.
The response shall be signed by the party or the party's counsel,
and the original thereof, with proof of service on the other party,
shall be filed with the Court. A denial shall fairly meet the
substance of the requested admission, and, when good faith requires
that a party qualify an answer or deny only a part of a matter,
such party shall specify so much of it as is true and deny or
qualify the remainder. An answering party may not give lack of
information or knowledge as a reason for failure to admit or deny
unless such party states that such party has made reasonable
inquiry and that the information known or readily obtainable by
such party is insufficient to enable such party to admit or deny.
A party who considers that a matter, of which an admission has been
requested, presents a genuine issue for trial may not, on that
ground alone, object to the request; such party may, subject to the
provisions of paragraph (g) of this Rule, deny the matter or set
forth reasons why such party cannot admit or deny it. An objection
on the ground of relevance may be noted by any party but it is not
to be regarded as just cause for refusal to admit or deny.
- (d) Effect of Signature:
- (1) The signature of counsel or a party constitutes a
certification that the signer has read the request for admission or
response or objection, and that to the best of the signer's
knowledge, information, and belief formed after a reasonable
inquiry, it is (A) consistent with these Rules and warranted by
existing law or a good faith argument for the extension,
modification, or reversal of existing law; (B) not interposed for
any improper purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation; and (C) not
unreasonable or unduly burdensome or expensive, given the needs of
the case, the discovery already had in the case, the amount in
controversy, and the importance of the issues at stake in the
litigation. If a request, response, or objection is not signed, it
shall be stricken, unless it is signed promptly after the omission
is called to the attention of the party making the request,
response, or objection, and a party shall not be obligated to take
any action with respect to it until it is signed.
- (2) If a certification is made in violation of this Rule, the
Court, upon motion or upon its own initiative, may impose upon the
person who made the certification, the party on whose behalf the
request, response, or objection is made, or both, an appropriate
sanction, which may include an order to pay the amount of the
reasonable expenses incurred because of the violation, including
reasonable counsel's fees.
- (e) Motion to Review: The party who has requested the
admissions may move to determine the sufficiency of the answers or
objections. Unless the Court determines that an objection is
justified, it shall order that an answer be served. If the Court
determines that an answer does not comply with the requirements of
this Rule, then it may order either that the matter is admitted or
that an amended answer be served. In lieu of any such order, the
Court may determine that final disposition of the request shall be
made at some later time which may be more appropriate for disposing
of the question involved.
- (f) Effect of Admission: Any matter admitted under this Rule is
conclusively established unless the Court on motion permits
withdrawal or modification of the admission. Subject to any other
orders made in the case by the Court, withdrawal or modification
may be permitted when the presentation of the merits of the case
will be subserved thereby, and the party who obtained the admission
fails to satisfy the Court that the withdrawal or modification will
prejudice such party in prosecuting such party's case or defense on
the merits. Any admission made by a party under this Rule is for
the purpose of the pending action only and is not an admission by
such party for any other purpose, nor may it be used against such
party in any other proceeding.
- (g) Sanctions: If any party unjustifiably fails to admit the
genuineness of any document or the truth of any matter as requested
in accordance with this Rule, the party requesting the admission
may apply to the Court for an order imposing such sanction on the
other party or the other party's counsel as the Court may find
appropriate in the circumstances, including but not limited to the
sanctions provided in Title X. The failure to admit may be found
unjustifiable unless the Court finds that (1) the request was held
objectionable pursuant to this Rule, or (2) the admission sought
was of no substantial importance, or (3) the party failing to admit
had reasonable ground to doubt the truth of the matter or the
genuineness of the document in respect of which the admission was
sought, or (4) there was other good reason for failure to admit.
- (h) Other Applicable Rules: For Rules concerned with frequency
and timing of requests for admission in relation to other
procedures, supplementation of answers, effect of evasive or
incomplete answers or responses, protective orders, and sanctions
and enforcement actions, see Title X.
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