TITLE FIVE — DEPOSITION AND DISCOVERY
Rule 26.1. Requests for Admission
Scope. A party may serve upon any other party a written request to admit, for the purposes of the pending action only, the truth of any matter within the scope of Rule 19(2) relating to:
facts, the application of law to fact, or opinions about either; and
the genuineness of any described document or item of electronically stored information.
Number; Form.
Number. Unless the parties stipulate under Rule 22 or the court orders otherwise, no party shall serve upon any other party more than twenty-five (25) requests for admission, excluding requests to admit the genuineness of a described document or item of electronically stored information.
Form. Each matter shall be stated separately and numbered consecutively throughout the action. A request to admit the genuineness of a document or item shall be accompanied by a copy of it, or by the address at which it has been made available under Rule 26(5)(d), unless it has otherwise been furnished or made available for inspection and copying.
Time to Respond; Effect of Not Responding. A matter is admitted unless, within forty-eight (48) hours after being served, the party to whom the request is directed serves upon the requesting party a written answer or objection addressed to the matter and signed by the party or the party’s attorney. A shorter or longer time may be stipulated to under Rule 22 or ordered by the court. Where a matter is admitted by operation of this subdivision, the requesting party shall so state in the paper in which the admission is relied upon, identifying the request, the date and time of service, and the absence of a response.
Answer. If a matter is not admitted, the answer shall specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial shall fairly respond to the substance of the matter, and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer shall specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.
Objections. The grounds for objecting to a request shall be stated. A party shall not object solely on the ground that the request presents a genuine issue for trial. An objection to part of a request shall specify the part and answer the remainder.
Motion Regarding the Sufficiency of an Answer or Objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it shall order that an answer be served. On finding that an answer does not comply with this rule, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until the pre-trial conference under Rule 13 or until a specified time before trial. Rule 26.3(2) applies to the award of expenses upon a motion under this subdivision.
Effect of an Admission; Withdrawing or Amending It. A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. The court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this rule is not an admission for any other purpose and shall not be used against the party in any other proceeding.
Genuineness of Electronic Material. An admission of the genuineness of a chat log, capture, recording, or in-game record satisfies the requirement of authentication under Rid. R. Evid. 901 as to the item admitted, but does not establish its admissibility, its relevance, or the truth of any statement contained in it. A party who denies genuineness shall state the respect in which the item is claimed not to be what the requesting party asserts, and is subject to Rule 26.3(5) if the requesting party later proves the item genuine.
Requests Not Filed. Requests, answers, and objections under this rule are discovery material governed by Rule 19(12). Because the electronic filing system provides no capacity to amend or withdraw a filed document, a party relying upon an admission in a filing shall reproduce in that filing the text of the request and of the answer relied upon.