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adverse party
RULE 26
What is a request for admission?
- Sec. 1, Rule 26
IT IS A WRITTEN ADMISSION OF THE
the genuineness of any material and relevant document described
in and exhibited with the request; or
the truth of any material and relevant matter of fact set forth in the
request
Purpose
To allow one party to request the adverse in writing to admit certain material
and relevant matters which most likely will not be disputed during the trial.
To avoid unnecessary inconvenience to the parties in going through the rigors
of proof, before the trial.
Sec. 1, Rule 26
WHEN?
It should be filed at any time after the issues have been joined
setting forth in detail the reasons why he cannot truthfully either admit or deny
those matters.
When must the sworn statement be
filed?
The sworn statement must be filed and served within a period designated in the
request, which shall not be less than 15 days after service thereof, or within such
further time as the court may allow on motion.
If the factual allegations in the complaint are the very same allegations set forth
in the request for admission and have already been specifically denied or
otherwise dealt with in the answer, a response to the request is no longer
required (Concrete Aggregates Co. v. Court of Appeals)
How do to avoid implied admission
-par. 2, sec. 2, rule 26
DEFERMENT OF SWORN STATEMENT
HOW?
Objections to any request for admission shall be submitted to the court by the
party requested
WHEN?
within period for filing sworn statement; or
prior the filing of sworn statement
Angelica Joyce B. Dy