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Idaho Rules of Family Law Procedure Rule 420. Requests for Admission.

A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rules 402 - 408 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 court, be served upon the petitioner after commencement of the action and upon any other party with or after service of the summons and petition upon that party. 

 

Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written response or objection addressed to the matter, signed under oath by the party or by the party's attorney, unless the court shortens the time.  If objection is made, the reasons therefor shall be stated. The response shall specifically deny the matter or set forth in detail the reasons why the responding 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 the response 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. A responding party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry 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 represents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 445, deny the matter or set forth reasons why the party cannot admit or deny it. The responses shall first set forth each request for admission made, followed by the answer or response of the party. 

 

The party who has requested the admissions may move to determine the sufficiency of the responses or objections. Unless the court determines that an objection is justified, it shall order that a response be served. If the court determines that a response does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended response 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 443.D apply to the award of expenses incurred in relation to the motion. 

 

The genuineness, accuracy or truth of any document attached to a pleading shall not be deemed as admitted by the other party by reason of failure to make a verified denial thereof by a responsive pleading or affidavit. 

 

*Pilot Project for Fourth Judicial District 
(Adopted November 20, 2012, effective January 1, 2013)

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