SCRCP 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 or as stipulated in writing by the parties pursuant to Rules 29 and 6(b), 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 his 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 him. 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 his answer or deny only a

part of the matter of which an admission is requested, he 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 he states that he has made reasonable inquiry and that the

information known or readily obtainable by him is insufficient to enable him 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; he may, subject to the provisions of Rule

37(c), deny the matter or set forth reasons why he 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.

Note to 2001 Amendment:

The second sentence of the second paragraph of Rule 36(a) is amended to reflect the

change in Rule 29 allowing the parties, under certain circumstances, to stipulate to

extensions.

(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 subserved thereby and the party who obtained the

admissions fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining

his 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 him for any other purpose.

(c) Limitation. A party may serve on any other party more than one set of requests to admit, but the

total number of all requests to one party shall not exceed twenty requests, including subparts, except

by leave of court upon good cause shown. Requests to admit the genuineness of documents or

tangible things are not limited to any number of documents or things.

Note:

This is the language of current Federal Rule 36, as well as substantially the language of

Circuit Court Rule 89, with the addition of the limitation in 36(c) which is new matter.