Rule 36. Requests for admission

(A) Request for admission. 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), including the genuineness of any documents described in the request. Copies of documents must be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.

(B) Timing. The request may, without leave of court, be served not earlier than ten days after the issues are first closed on the merits or thirty days from commencement of the action in cases where no responsive pleading is required. Requests for admission must not be combined in the same document with any other pleading and must be served separately from any other form of discovery.

(C) Failure to admit or deny. Each matter of which an admission is requested must be separately set forth. The matter is admitted unless, within a period designated in the request, not less than thirty days after service thereof 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.

(D) Objections. If objection is made, the reasons must be stated. General objections must not be made and will have no effect. A general objection is an objection that is not directed to a specific request for admission, does not specifically state the grounds on which it was based, or applies globally. The answer must specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial must fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party must 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 the party states that reasonable inquiry has been made and that the information known or readily obtainable is insufficient to enable an admission or denial or that the inquiry would be unreasonably burdensome. 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; the party may, subject to the provisions of Rule 37(C), deny the matter or set forth reasons why the party cannot admit or deny it.

(E) Motion to compel and order. A motion to compel and order are not required where a party fails to admit or deny under subdivision (C). To address objections under subdivision (D), the party who has requested the admissions may move for an order with respect to the answers or objections after the parties attempt to resolve their dispute under Rule 26(F). If the court determines that an answer does not comply with the requirements of this rule or that an objection is not justified, 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.

(F) 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 maintaining the 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 for any other purpose nor may it be used against the party in any other proceeding.

(G) Expenses on failure to admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under this rule, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees. The court must make the order unless it finds that

(1) the request was held objectionable under subdivision (A),

(2) the admission sought was of no substantial importance,

(3) the party failing to admit had reasonable ground to believe that they might prevail on the matter, or

(4) there was other good reason for the failure to admit.