S.C. Code Regs. § § 9-100.236

Current through Register Vol. 48, No. 11, November 22, 2024

Section 9-100.236 - Requests for Admissions

A. Any party may serve on any other party a written request for admission of the truth of any matters relevant to the adjudication set forth in the request that relate to statements or opinions of fact or of 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 are known to be, and in the request are stated as being, in the possession of the other party. Each matter of which an admission is requested shall be separately set forth.

1. The matter is admitted unless, within thirty (30) days after service of the request, or within such time as the Adjudicator allows, the party to whom the request is directed serves upon the party requesting the admission, a sworn written answer.

2. The sworn written answer shall specifically:

a. deny the relevant matter(s) of which an admission is requested;

b. set forth in detail the reasons why the party truthfully can neither admit nor deny the matter(s) of which an admission is requested; or

c. state the objections by which some or all of the matters involved are privileged, irrelevant, or otherwise improper in whole or part.

A denial shall fairly meet the substance of the requested admission and when good faith requires that a party qualify her/his answer or deny only part of the matter of which an admission is requested, (s)he shall specify so much of it as is true and qualify or deny the remainder.

3. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless (s)he states that (s)he has made reasonable inquiry and that the information known to, or readily obtainable by, her/him is insufficient.

4. The party who has requested the admission(s) may move to determine the sufficiency of the answer(s) or objection(s). Unless the objecting party sustains her/his burden of showing that the objection is justified, the Adjudicator shall order that an answer be served.

B. Any matter admitted under this rule is conclusively established unless the Adjudicator on motion permits withdrawal or amendment of the admission.

C. Any admission made by a party under this rule is for the purpose of the adjudication and is not an admission by her/him for any other purpose; it may not be used against her/him in any other proceeding.

S.C. Code Regs. § 9-100.236

Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.