[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.34]

[Page 82-83]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                Subpart D--Discovery, Compulsory Process
 
Sec. 1025.34  Requests for admission.

    (a) Procedure for request. A party may serve upon any other party a 
written request for the admission, for the purposes of the pending 
proceedings only, of the truth of any matters within the scope of 
Sec. 1025.31(c) set forth in the request that relate to statements 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 the Presiding Officer, be served upon any party after filing of 
the answer. Each matter about which an admission is requested shall be 
separately set forth.
    (b) Procedure for response. The matter about which an admission is 
requested will be deemed admitted unless within thirty (30) days after 
service of the request, or within such shorter or longer time as the 
Presiding Officer may allow, 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 the party's 
representative and stating the reasons for the objections. The answer 
shall specifically admit or deny the matter or set forth 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. When good faith requires that a party qualify an answer or 
deny only a part of the matter to which an admission is requested, the 
party shall specify the portion that 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 a fact unless the 
party states that he/she has made reasonable inquiry and that the 
information known or readily available to him/her is insufficient to 
enable him/her to admit or deny a fact. A party who considers that a 
matter to which an admission has been requested presents a genuine issue 
for hearing may not, on that ground alone, object to the request but may 
deny the matter or set forth reasons why the party cannot admit or deny 
it. The party who has requested an admission may move to determine the 
sufficiency of any answer or objection in accordance with Sec. 1025.36 
of these Rules. If the Presiding Officer determines that an answer does 
not comply with the requirements of this section, he/she may order that 
the matter be deemed admitted or that an amended answer be served.
    (c) Effect of admission. Any matter admitted under this section is 
conclusively established unless the Presiding Officer on motion permits 
withdrawal or amendment of such admission. The Presiding Officer may 
permit withdrawal or amendment when the presentation of the merits of 
the action will be served thereby and the party who

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obtained the admission fails to satisfy the Presiding Officer that 
withdrawal or amendment will prejudice that party in maintaining an 
action or defense on the merits. Any admission made by a party under 
this section is for the purposes of the pending adjudication only and is 
not an admission by that party for any other purposes, nor may it be 
used against that party in any other proceedings.