NRCP 36

Requests for Admission

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Rule 36. Requests for Admission

 (a) Scope and Procedure.

 (1) Scope. A party may
serve on any other party a written request to admit, for purposes of the
pending action only, the truth of any matters within the scope of Rule 26(b)(1)
relating to:

 (A) facts, the application of law to
fact, or opinions about either; and

 (B) the genuineness of any described
documents.

 (2) Form; Copy of a Document. Each
matter must be separately stated. A request to admit the genuineness of a
document must be accompanied by a copy of the document unless it is, or has
been, otherwise furnished or made available for inspection and copying.

 (3) Time to Respond; Effect of Not
Responding. A matter is admitted unless, within 30 days after
being served, the party to whom the request is directed serves on the
requesting party a written answer or objection addressed to the matter and
signed by the party or its attorney. A shorter or longer time for responding
may be stipulated to under Rule 29 or be ordered by the court.

 (4) Answer. If a
matter is not admitted, the answer must specifically deny it or state in detail
why the answering party cannot truthfully admit or deny it. A denial must
fairly respond to the substance of the matter; and when good faith requires
that a party qualify an answer or deny only a part of a matter, the answer must
specify the part admitted and qualify or deny the rest. The answering party may
assert lack of knowledge or information as a reason for failing to admit or
deny only if the party states that it has made reasonable inquiry and that the
information it knows or can readily obtain is insufficient to enable it to
admit or deny.

 (5) Objections. The
grounds for objecting to a request must be stated. A party must not object
solely on the ground that the request presents a genuine issue for trial.

 (6) Motion Regarding the Sufficiency of
an Answer or Objection. The requesting party may move to
determine the sufficiency of an answer or objection. Unless the court finds an
objection justified, it must order that an answer be served. On finding that an
answer does not comply with this rule, the court may order either that the
matter is admitted or that an amended answer be served. The court may defer its
final decision until a pretrial conference or a specified time before trial.
Rule 37(a)(5) applies to an award of expenses.

 (7) Limitations on Number of Requests.

 (A) No party may serve upon any
other single party to an action more than 40 requests for admission under Rule
36(a)(1)(A) without obtaining:

 (i) a written
stipulation under Rule 29 of the party to which the additional requests are
directed; or

 (ii) upon a showing of
good cause, a court order granting leave to serve a specific number of
additional requests.

 (B) Subparts of requests count as
separate requests. There is no limitation on requests for admission relating to
the genuineness of documents under Rule 36(a)(1)(B).

 (b) Effect of an Admission; Withdrawing or
Amending It. A matter admitted under this rule is conclusively
established unless the court, on motion, permits the admission to be withdrawn
or amended. Subject to Rule 16(d)-(e), the court may permit withdrawal or
amendment if it would promote the presentation of the merits of the action and
if the court is not persuaded that it would prejudice the requesting party in
maintaining or defending the action on the merits. An admission under this rule
is not an admission for any other purpose and cannot be used against the party
in any other proceeding.

 [Amended; effective March 1, 2019.]

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