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R.I. Super. Ct. R. Civ. P. 36

Requests for Admission

activein force · 2024-02-01 – presentact-effective-date

(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, Language

Assistance Notice, and all other required documents upon that party.

Each matter of which an admission is requested shall be separately set forth. The

matter is admitted unless, within thirty (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 forty-five (45) days after service of

the summons, complaint, Language Assistance Notice, and all other required

documents 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.

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 pre-trial 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 pre-trial

order, the court may permit withdrawal or amendment when the presentation of the

merits of the action will be promoted thereby and the party who obtained the

admission fails to satisfy the court that withdrawal or amendment will prejudice the

party in maintaining the party's 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 by the party for any other purpose nor may it be used against the party in

any other proceeding except in a subsequent action between the same parties

involving the same claim.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
89e09ff2644c1fc6732b273446aa60cc12864b71af1a5ce47f1f4fa85312a3de
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R.I. Super. Ct. R. Civ. P. 36 — Requests for Admission · binding.law