ME · rules
M.R. Civ. P. 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) 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,
complaint, and notice regarding Electronic Service upon that party.
Each matter of which an admission is requested shall be separately set
forth. Subject to the provisions of subdivision (b) of this rule, 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, complaint, and notice regarding Electronic Service
upon that 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. A party in responding to requests for admission shall set forth each
request in full immediately preceding the party’s answer or objection thereto.
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 the 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.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
1b0e39ac829e0a7d6ecf5c596b723930bd0132c4775e12552051ebe61d45282c
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