61-3101. Admission of facts and genuineness of documents; withdrawal or amendment of admission.
61-3101
61-3101. Admission of facts and genuineness ofdocuments; withdrawal or amendment of admission.(a) Whenan answer has been filed in an action or if the defendant appears and disputesthe claims in the petition commencedpursuant to the provisions of the code of civil procedure for limited actions,any party may submit to any otherparty a writtenrequest for that party to admit:
(1) The genuineness of any relevant documentdescribed in andattached to the request; or
(2) the truth of any relevant matter of fact setforth in the request.The request shall be in a form which will permit the party to whom it issubmitted to answerthe questions on the request form under oath. A request for admissions may notcontain morethan 10 requests unless permission of the court is obtained to increase thenumber.
(b) Each of the matters requested shall be deemed to be admitted for purposesof thepending lawsuit, unless within 15 days after the request is served, the partyto whom therequest is directed submits to the party propounding the request either:
(1) A sworn statementdenying specifically the matters requested; or
(2) written objections on the ground that someor all of the requested admissions are privileged or irrelevant or that therequest is otherwiseimproper in whole or in part.
(c) If the answering party cannot truthfully admit or deny a request, theparty shall setforth in detail the reasons why. If the answering party denies a request, thedenial shall be ingood faith and shall fairly address the substance of the request. If in goodfaith the answeringparty can deny only a part of the request or qualify a request, the party shallspecify whichpart is admitted and qualify or deny the remaining part. If the answering partyobjects to arequest, the party shall notify the court and the party propounding the requestand schedulea hearing on the objection to be held within 10 days after making theobjection.
(d) The judge may permit withdrawal or amendment of any admissionmade by nonresponse when the party to whomthe admissions were sent shows good cause for failure to respond and showsevidence that the admission is not trueand theparty who obtained the admission fails to satisfy the judge that withdrawal oramendment will prejudice such party in maintaining such party's action ordefense on the merits.In the event such withdrawal or amendment is made by the party to whom theadmissions were sent at trial, the party who obtained the admissions shall beallowed a continuance of the trial setting.Any admission made by a party under this section is forthe purpose of the pending action only and is not an admission by such partyfor any other purpose nor may it be used against such party in any otherproceeding.
History: L. 2000, ch. 161, § 25;L. 2004, ch. 176, § 4; July 1.