Del. Super. Ct. Civ. R. 36

(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) 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 plaintiff after commencement of the action

and upon any other party with or after service of the summons and complaint 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 the party’s attorney, but, unless the

Court shortens the time, a defendant shall not be required to serve answers or objections before the

expiration of 45 days after service of the summons and complaint upon the defendant. 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, the 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 the party states that the party has

made reasonable inquiry and that the information known or readily obtainable by the party is insufficient

to enable the 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; 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.

Each request for admission shall be restated as numbered and shall be answered separately and fully in

writing.

The party who has requested the admissions may move to determine the sufficiency of the answers or

objections. Unless the Court determines that an objection 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

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 the party

in any other proceeding.