James Luther Cochrane - Page 10

                                       - 10 -                                         
          Petitioner's arguments were essentially the same as those                   
          contained in his written responses to the requests for admission.           
          Petitioner did not deny the truth of the allegations contained in           
          the requests.                                                               
               Rule 90(a) permits a party to serve upon any other party               
          written requests for admission of the truth of any matter that              
          relates to statements or opinions of fact or of the application             
          of law to fact.  Rule 90(c) provides that each matter is deemed             
          admitted unless                                                             


               within 30 days after service of the request or within                  
               such shorter or longer time as the Court may allow, the                
               party to whom the request is directed serves upon the                  
               requesting party (1) a written answer specifically                     
               admitting or denying the matter involved in whole or in                
               part, or asserting that it cannot be truthfully                        
               admitted or denied and setting forth in detail the                     
               reasons why this is so, or (2) an objection, stating in                
               detail the reasons therefor. * * *                                     

          Rule 90(c) further provides that an                                         

               answering party may not give lack of information or                    
               knowledge as a reason for failure to admit or deny                     
               unless such party states that such party has made                      
               reasonable inquiry and that the information known or                   
               readily obtainable by such party is insufficient to                    
               enable such party to admit or deny. * * *                              

          In addition, Rule 104(c) provides:                                          

               If a party * * * fails to obey an order made by the                    
               Court with respect to the provisions of Rule * * * 90,                 
               then the Court may make such orders as to the failure                  
               as are just, and among others the following:                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011