Rule 36.Admission of Facts and of Genuineness of Documents

Rule 15-6-36 is South Dakota’s requests for admission rule, sometimes shortened to RFAs. A party may serve a written request asking another party to admit, for that case only, the truth of a matter within the discovery scope of Rule 15-6-26(b)(1) that relates to a statement or opinion of fact, or to how the law applies to fact, including whether a document is genuine. Copies of any documents at issue go with the request unless they are already available. As with other discovery devices, no leave of court is needed: a request can go to the plaintiff once the case starts, and to any other party with or after the summons and complaint.

Each matter must be set out separately, and it is deemed admitted unless the responding party serves a written answer or objection within thirty days, or forty-five days for a defendant answering after being served with the summons and complaint, or within whatever different time the court allows or the parties agree to in writing. An objection must state its reasons. A denial has to address the substance of what was asked head-on, and if only part of a statement is true, the answering party must admit that part and qualify or deny the rest in good faith. A party cannot claim lack of knowledge as a reason to neither admit nor deny unless it has made a reasonable inquiry and still lacks enough information to answer. And a party cannot object to a request just because the matter presents a genuine issue for trial; the rule requires a denial or an explanation instead, subject to the expense provisions of Rule 15-6-37(c).

If the requesting party is not satisfied with the answers or objections it receives, it may move the court to rule on their sufficiency. Unless the court finds an objection justified, it will order an answer served; if an answer falls short of the rule’s requirements, the court can deem the matter admitted or order an amended answer, or put off final resolution to a pretrial conference or another set time. The expense-shifting rules of Rule 15-6-37(a)(4) apply to that motion.

An admission made under this rule is conclusively established in the pending case unless the court, on motion, allows it to be withdrawn or amended, applying the same standard that governs amending a pretrial order under Rule 15-6-16: the court looks at whether allowing the change serves the merits, and whether the party who obtained the admission can show real prejudice to its case if the admission is withdrawn. Whatever a party admits under this rule holds only for that action; it is not an admission for any other purpose and cannot be used against that party in a different proceeding.