State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_36

Rule 36. Requests foradmission; effect of admission.

(a)        Request foradmission. – A party may serve upon any other party a written request for theadmission, for purposes of the pending action only, of the truth of any matterswithin the scope of Rule 26(b) set forth in the request that relate tostatements or opinions of fact or of the application of law to fact, includingthe genuineness of any documents described in the request. Copies of documentsshall be served with the request unless they have been or are otherwisefurnished or made available for inspection and copying. The request may,without leave of court, be served upon the plaintiff after commencement of theaction and upon any other party with or after service of the summons andcomplaint upon that party. If the request is served with service of the summonsand complaint, the summons shall so state.

Each matter of which anadmission is requested shall be separately set forth. The matter is admittedunless, within 30 days after service of the request, or within such shorter orlonger time as the court may allow, the party to whom the request is directedserves upon the party requesting the admission a written answer or objectionaddressed to the matter, signed by the party or by his attorney, but, unlessthe court shortens the time, a defendant shall not be required to serve answersor objections before the expiration of 60 days after service of the summons andcomplaint upon him. If objection is made, the reasons therefor shall be stated.The answer shall specifically deny the matter or set forth in detail thereasons why the answering party cannot truthfully admit or deny the matter. Adenial shall fairly meet the substance of the requested admission, and whengood faith requires that a party qualify his answer or deny only a part of thematter of which an admission is requested, he shall specify so much of it as istrue and qualify 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 requested presentsa genuine issue for trial may not, on that ground alone, object to the request;he may, subject to the provisions of Rule 37(c), deny the matter or set forthreasons why he cannot admit or deny it.

There shall be sufficientspace following each request in which the respondent may state the response. The respondent shall:

(1)        State the responsein the space provided, using additional pages if necessary; or

(2)        Restate the requestto be followed by the response.  An objection to a request shall be made bystating the objection and the reason therefor either in the space following therequest or following the restated request.

The party who has requestedthe admissions may move to determine the sufficiency of the answers orobjections. Unless the court determines that an objection is justified, itshall order that an answer be served. If the court determines that an answerdoes not comply with the requirements of this rule, it may order either thatthe matter is admitted or that an amended answer be served. The court may, inlieu of these orders, determine that final disposition of the request be madeat a pretrial conference or at a designated time prior to trial. The provisionsof Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

(b)        Effect ofadmission. – Any matter admitted under this rule is conclusively establishedunless the court on motion permits withdrawal or amendment of the admission.Subject to the provisions of Rule 16 governing amendment of a pretrial order,the court may permit withdrawal or amendment when the presentation of themerits of the action will be subserved thereby and the party who obtained theadmission fails to satisfy the court that withdrawal or amendment willprejudice him in maintaining his action or defense on the merits. Any admissionmade by a party under this rule is for the purpose of pending action only andis not an admission by him for any other purpose nor may it be used against himin any other proceeding. (1967, c. 954, s. 1; 1975, c. 762, s. 2; 1981, c. 384,ss. 1, 2; 1987, c. 613, s. 3.)