§ 3123. Admissions as to matters of fact, papers, documents and photographs.
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§ 3123. Admissions as to matters of fact, papers, documents and
photographs.
(a)Notice to admit; admission unless denied or denial
excused. At any time after service of the answer or after the expiration
of twenty days from service of the summons, whichever is sooner, and not
later than twenty days before the trial, a party may serve upon any
other party a written request for admission by the latter of the
genuineness of any papers or documents, or the correctness or fairness
of representation of any photographs, described in and served with the
request, or of the truth of any matters of fact set forth in the
request, as to which the party requesting the admission reasonably
believes there can be no substantial dispute at the trial and which are
within the knowledge of such other party or can be ascertained by him
upon reasonable inquiry. Copies of the papers, documents or photographs
shall be served with the request unless copies have already been
furnished. Each of the matters of which an admission is requested shall
be deemed admitted unless within twenty days after service thereof or
within such further time as the court may allow, the party to whom the
request is directed serves upon the party requesting the admission a
sworn statement either denying specifically the matters of which an
admission is requested or setting forth in detail the reasons why he
cannot truthfully either admit or deny those matters. If the matters of
which an admission is requested cannot be fairly admitted without some
material qualification or explanation, or if the matters constitute a
trade secret or such party would be privileged or disqualified from
testifying as a witness concerning them, such party may, in lieu of a
denial or statement, serve a sworn statement setting forth in detail his
claim and, if the claim is that the matters cannot be fairly admitted
without some material qualification or explanation, admitting the
matters with such qualification or explanation.
(b)Effect of admission. Any admission made, or deemed to be made, by
a party pursuant to a request made under this rule is for the purpose of
the pending action only and does not constitute an admission by him for
any other purpose nor may it be used against him in any other
proceeding; and the court, at any time, may allow a party to amend or
withdraw any admission on such terms as may be just. Any admission shall
be subject to all pertinent objections to admissibility which may be
interposed at the trial.
(c)Penalty for unreasonable denial. If a party, after being served
with a request under subdivision
(a)does not admit and if the party
requesting the admission thereafter proves the genuineness of any such
paper or document, or the correctness or fairness of representation of
any such photograph, or the truth of any such matter of fact, he may
move at or immediately following the trial for an order requiring the
other party to pay him the reasonable expenses incurred in making such
proof, including reasonable attorney's fees. Unless the court finds that
there were good reasons for the denial or the refusal otherwise to admit
or that the admissions sought were of no substantial importance, the
order shall be made irrespective of the result of the action. Upon a
trial by jury, the motion for such an order shall be determined by the
court outside the presence of the jury.