Mont. R. Civ. P. 36

(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, 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 that defendant. A shorter or longer time

for responding to requests for admission 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 the 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.

(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(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.