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NRCP Rule 36
RULE 36. REQUESTS FOR ADMISSION
(a) Request for Admission. By separate
document, 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
within the scope of Rule 26(b) set forth in the request that 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. 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 request may,
without leave of court, be served upon the plaintiff after commencement of the
action and upon any other party with or after service of the summons and
complaint upon that party.
Each matter of which an admission is requested shall be
separately set forth. The matter is 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 party
requesting the admission a written answer or objection addressed to the matter,
signed by the party or by his attorney, but, unless the court shortens the
time, a defendant shall not be required to serve answers or objections before
the expiration of 45 days after service of the summons and complaint upon him.
If objection is made, the reasons therefor shall be stated. The answer shall specifically
deny the matter or set forth in detail the reasons why the answering party
cannot truthfully admit or deny the matter. A denial shall fairly meet the
substance of the requested admission, and when good faith requires that a party
qualify his answer or deny only a part of the matter of which an admission is
requested, he shall specify so much of it as is true and qualify or deny the
remainder. An answering party may not give lack of information or knowledge as
a reason for failure to admit or deny unless he states that he has made
reasonable inquiry and that the information known or readily obtainable by him
is insufficient to enable him 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; he may, subject to
the provisions of Rule 37(c), deny the matter or set forth reasons why he
cannot admit or deny it.
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, it may order either that the matter is admitted or
that an amended answer be served. The court may, in lieu of these orders,
determine that final disposition of the request be made at a pre-trial
conference or at a designated time prior to trial. The provisions of Rule
37(a)(4) apply to the award of expenses incurred in relation to the motion.
(b) Effect of Admission. Any matter admitted
under this rule is conclusively established unless the court on motion permits
withdrawal or amendment of the admission. Subject to the provisions of Rule 16
governing amendment of a pre-trial order, the court may permit withdrawal or
amendment when the presentation of the merits of the action will be subserved
thereby and the party who obtained the admission fails to satisfy the court
that withdrawal or amendment will prejudice him in maintaining his action 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 him for any other
purpose nor may it be used against him in any other proceeding.
(c) Number of Requests for Admissions. No party
shall serve upon any other single party to an action more than forty (40)
requests for admissions that do not relate to the genuineness of documents, in
which subparts of requests shall count as separate requests, without first
obtaining a stipulation of such party to additional requests or obtaining an
order of the court upon a showing of good cause granting leave to serve a
specific number of additional requests.
The number of requests for admission of the genuineness
of documents is not limited except as justice requires to protect the
responding party from annoyance, oppression, or undue burden and expense.
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*** Any rule can change at any time - This rule may have been amended ***
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