Haw. Dis. Ct. R. Civ. P. 36

As amended through September 30, 2024

Rule 36 - Requests for Admissions

(a) Request for admission. A party may serve upon any other party a written request for the admission of the truth of any matters within the scope of Rule 26(b) set forth in the request that relates 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 the 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 court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

Each of the matters of which an admission is requested shall be stated separately and shall comply with Rule 30 of the District Court Rules of the State of Hawai'i. The matter is deemed admitted unless, within a period designated in the request, not less than 10 days after service thereof or within such shorter or longer time as the court may allow on motion and notice, 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 attorney. Such answer or objection shall comply with Rule 30 of the District Court Rules. Unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 15 days after service of the summons and complaint upon that defendant. If an objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or state 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 that party's answer or deny only a part of the matter of which an admission is requested, the answering 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 that party states that the answering party has made reasonable inquiry and that the information known or readily obtainable by the answering party is insufficient to enable the party to admit or deny. Where the subject matter of the request for admissions is considered by the answering party to present a genuine issue for trial, the answering party may not, on that ground alone, object to the request; the answering party may, subject to the provisions of Rule 37(c), deny the matter or state reasons why the answering 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 court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is deemed admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pre-trial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

(b) Effect of admission. Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by that party for any other purpose nor may be used against that party in any other proceeding.

Haw. Dis. Ct. R. Civ. P. 36

COMMENTS:

Adopts HRCP Rule 36 with changes to gender neutral language. The 10 day minimum period for answer has been retained from the old DCRCP Rule 36(a), again in keeping with the shorter time limits in District Court. The intent of the changes in the grounds for denial and Rule 37 motions is to ensure that no motion need be made if the admissions were not answered at all or in a timely fashion. A cross-reference is added to the applicable Rule 30 of the District Court Rules.