442 Neb. Admin. Code, ch. 12, § 010

Current through June 17, 2024
Section 442-12-010 - Requests for Admission (Rule 36)
010.01 Request for Admission

A party may serve upon any other party a written request for the admission, for purposes of the pending petition or appeal only, of the truth of any matters within the scope of subsection 001.02 set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of the Commission, be served upon the petitioner or appellant after commencement of the petition or appeal and upon any other party with or after service of the notice in lieu of summons upon that party.

Each matter of which an admission is requested shall be separately set forth by the party making the request, and shall be repeated by the responding party in the answer or objection thereto. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the Commission may allow, the party to whom the request is directed, serves upon the party requesting the admission, a written answer or objection addressed to the matter, signed by the party or by the party's legal counsel, but, unless the Commission shortens the time, a defendant or appellee shall not be required to serve answers or objections before the expiration of forty-five days after service of the notice in lieu of summons upon the defendant or appellee. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. 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 the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that reasonable inquiry has been made and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for hearing may not, on that ground alone, object to the request; the party may, subject to the provisions of subsection 011.03, deny the matter or set forth reasons why the party cannot admit or deny it.

The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the Commission determines that an objection is justified, it shall order that an answer be served. If the Commission determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The Commission may, in lieu of these orders, determine that final disposition of the request be made at a pre-hearing conference or at a designated time prior to hearing. The provisions of subsection 011.01C apply to the award of expenses incurred in relation to the motion.

010.02 Effect of Admission

Any matter admitted under this rule is conclusively established unless the Commission on motion permits withdrawal or amendment of the admission. The Commission may permit withdrawal or amendment when the presentation of the merits of the petition or appeal will be subserved thereby and the party who obtained the admission fails to satisfy the Commission that withdrawal or amendment will prejudice the party in maintaining the party's petition or appeal or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending petition or appeal only and is not an admission by that party for any other purpose.

442 Neb. Admin. Code, ch. 12, § 010