- 5 - Court. A denial shall fairly meet the substance of the requested admission, and, when good faith requires that a party qualify an answer or deny only a part of a matter, such party shall specify so much of it as is true and deny or qualify the remainder. 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. A party who considers that a matter, of which an admission has been requested, presents a genuine issue for trial may not, on that ground alone, object to the request; such party may, subject to the provisions of paragraph (g) of this Rule, deny the matter or set forth reasons why such party cannot admit or deny it. An objection on the ground of relevance may be noted by any party but it is not to be regarded as just cause for refusal to admit or deny. Petitioners' responses in their motion to withdraw deemed admissions did not comply with Rule 90(c) because they were late and parts of their blanket denial of requests 27 through 41 are inconsistent with their admission of requests 1 through 26. For example, petitioners admit the total amount they deposited in each bank account but deny the total for all bank accounts. They admit that Exhibit A is a copy of their 1992 income tax return but deny the amount they report on Schedule C, which is attached to Exhibit A. Petitioners did not explain why they responded to the requests for admissions late and inconsistently. We deemed petitioners to have admitted each matter in respondent's request for admissions. Rule 90(c), (f).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011