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    Rule 26 Admission by Adverse Party

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    Jose Empalmado Tendido

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    © All Rights Reserved
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    Rule 26 Admission by Adverse Party

    Uploaded by

    Jose Empalmado Tendido
    4 views1 page

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    Rule-26-Admission-by-adverse-party

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    4 views1 page

    Rule 26 Admission by Adverse Party

    Uploaded by

    Jose Empalmado Tendido

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Rule 26 Admission by adverse party

    Request for  The purpose of this mode of discovery is to allow one party to request the adverse party in writing to admit certain material and relevant
    admission matters which most likely will not be disputed during the trial

     To avoid unnecessary inconvenience to the parties in going through the rigors of proof, before the trial, a party may request the other to:
    1. Admit the genuineness of any material and relevant document described in and exhibited with the request; or
    2. admit the truth of any material and relevant matter of fact set forth in the request

     When Request may be Made


    - A party may file and serve the written request at any time after issues have been joined.

    Implied Each of the matters of which an admission is requested shall be deemed admitted unless the party to whom the request is directed files and serves
    Admission upon the party requesting the admission a sworn statement either:
    1. Denying specifically the matters of which an admission is requested.
    2. Setting forth the reasons why he cannot either admit or deny those matters

    Effect of Any admission made by a party:


    Admission 1. Is for the purpose of the pending action only;
    2. Shall not constitute an admission by him or her for any other purpose; and
    3. May not be used against him or her for any other proceeding

    Withdrawal of  Admissions made under this mode of discovery, whether express or implied, are not final and irrevocable. The court may allow the party
    Admission making an admission to withdraw or amend the admission upon such terms as may be just

    Effect of failure  a party who fails to file and serve a request for admission on the adverse party of material and relevant facts at issue which are, or
    to file and serve ought to be, within the personal knowledge of the latter, shall not be permitted to present evidence on such facts
    request for
    admission  exception: Unless otherwise allowed by the court for good cause shown and to prevent a failure of justice

    Bar Q Q: Plaintiff files a request for admission and serves the same on Defendant who fails, within the time prescribed by the rules, to answer the
    request. Suppose the request for admission asked for the admission of the entire material allegations stated in the complaint, what should plaintiff
    do? (2012 Bar)
    A: The plaintiff should file a Motion for Judgment on the Pleadings because the failure of the defendant to answer a request for admission results
    to an implied admission of all the matters which an admission is requested. Hence, a motion for judgment on the pleadings is the appropriate
    remedy where the defendant is deemed to have admitted matters contained in the request for admission by the plaintiff. (Rule 34, in relation to
    Sec. 2, Rule 26)

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