60-236. Requests for admission.
60-236
60-236. Requests for admission.(a) Request for admission. A party may serve upon any other party awritten request for the admission, for purposes of the pending action only,of the truth of any matters within the scope of K.S.A. 60-226, and amendmentsthereto, set forth in the request that relate tostatements or opinions of fact orof the application of law to fact, including the genuineness of anydocuments described in the request. Copies of documents shall be servedwith the request unless they have been or are otherwise furnished or madeavailable for inspection and copying. The request, without leave of thejudge, may be served upon the plaintiff after commencement of the actionandupon any other party with or after service of process upon that party. Eachmatter of which an admission is requested shall be separately set forth. Amatter is admitted unless, within 30 daysafter service of therequest, or within such shorter or longer time as the court may allow, theparty to whom the request is directed serves upon the party requesting theadmission a written answer or objection addressed to the matter, signed bythe party or by such party's attorney, but, unless the courtshortens the time, adefendant shall not be required to serve answers or objections before theexpiration of 45 days after service of process upon the defendant.Ifobjection is made, the reasons therefor shall be stated. The answer shallspecifically deny the matter or set forth in detail the reasons why theanswering party cannot truthfully admit or deny the matter. A denial shallfairly meet the substance of the requested admission, and when good faithrequires that a party qualify such party's answer or deny only apart of the matterof which an admission is requested, such party shall specify so muchof it as istrue and qualify or deny the remainder. An answering party may not givelack of information or knowledge as a reason for failure to admit or denyunless such party states that such party has madereasonable inquiry and that theinformation known or readily obtainable by such party isinsufficient to enable such party to admit or deny. A party whoconsiders that a matter of which anadmission has been requested presents a genuine issue for trial may not, onthat ground alone, object to the request; such party, subjectto the provisionsof subsection (c) of K.S.A. 60-237, and amendments thereto, maydeny the matter or set forthreasons why such party cannot admit or deny it.
The party who has requested the admissions may move to determine thesufficiency of the answers or objections. Unless the judge determines thatan objection is justified, the judge shall order that an answer beserved. If thejudge determines that an answer does not comply with the requirements ofthis rule, the judge may order either that the matter is admitted orthat anamended answer be served. The judge, in lieu of these orders, maydeterminethat final disposition of the request be made at a pretrial conference orat a designated time prior to trial. The provisions of subsection (a) ofK.S.A.60-237, and amendments thereto, apply to the award of expensesincurred in relation to themotion.
(b) Effect of admission. Anymatter admitted under this rule isconclusively established unless the judge on motion permits withdrawal oramendment of the admission. Subject to the provisions of K.S.A. 60-216, andamendments thereto, governing amendment of a pretrial order, the judge maypermit withdrawalor amendment when the presentation of the merits of the action will besubserved thereby and the party who obtained the admission fails to satisfythe judge that withdrawal or amendment will prejudice such party inmaintaining such party's action or defense on the merits. Any admission made bya party underthis rule is for the purpose of the pending action only and is not anadmission by such party for any other purpose nor may it be usedagainst such party inany other proceeding.
History: L. 1963, ch. 303, 60-236; amended by SupremeCourt order dated July 20, 1972;L. 1997, ch. 173, § 19; July 1.