Del. Fam. Ct. Civ. R. 36

(a) Request for admission. When discovery is permitted by the Court, 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(g)(1) 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

petitioner after commencement of the action and upon any other party with or after service of

the summons and petition 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 counsel, but, unless the Court shortens the time, a respondent shall not be

required to serve answers of objections before the expiration of 45 days after service of the

summons and petition. 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 an answer or deny

only a part of the matter of which an admission is requested, that party 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 stating that

reasonable inquiry has been made and that the information known or readily obtainable by

the party is insufficient to enable that party 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; that party may, subject to the provision of Rule

37(c), deny the matter or set forth reasons for the inability to 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 object 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 pretrial 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 16.2 governing amendment of a pretrial 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 for any other purpose nor may it be used against that party in any other

proceeding.