Rule 36.02: 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 that party in 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 by that party for any other purpose nor may it be used against that party in any other proceeding. [As amended July 1, 1979.]

Advisory Commission Comments.

Rule 36.01 permits the plaintiff to serve requests for admissions upon the defendant with or after service of the summons and complaint. The rule fixes the time within which responses or objections must be served. The rule also imposes upon a party the duty to make a reasonable inquiry in an effort to ascertain the answer to a request for admissions. [1979.]

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