[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR12.33]

[Page 284-285]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 12_RULES RELATING TO REPARATIONS--Table of Contents
 
                           Subpart B_Discovery
 
Sec.  12.33  Admissions.

    (a) Request for admissions. Any party may, within the time permitted 
by Sec.  12.30(d) of these rules, serve upon any other party a written 
request for admissions of the truth of any matters 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 document 
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. A copy of the request shall be 
filed with the Proceedings Clerk.
    (b) Reply. Each matter of which an admission is requested shall be 
separately set forth. The matter is admitted unless within twenty (20) 
days after service of the request, the party upon whom the request is 
directed files and serves upon the party requesting the admission a 
verified written answer or objection to the matter. If objection is 
made, the reasons therefor shall be stated. The answer shall 
specifically 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 and when good 
faith requires that a party qualify his answer and deny only a part of 
the matter of which an admission is requested, he shall specify so much 
of it as is true and qualify or deny the remainder. An answering party 
may not give a lack of information or knowledge as a reason for failure 
to admit or deny unless he states that he has made reasonable inquiry 
and that the information known or reasonably available to him is 
insufficient to enable him to admit or deny. A party who considers that 
a matter of which an admission has been requested presents a genuine 
issue for trial may not, on that ground alone, object to the request; he 
may deny the matter or set forth reasons why he cannot admit or deny it.
    (c) Determining sufficiency of answers or objections. The party who 
has requested the admissions may move to determine the sufficiency of 
the answers or objections. Unless the objecting party sustains his 
burden of showing that the objection is justified, the official 
presiding over discovery shall order that an answer be served. If such

[[Page 285]]

official determines that an answer does not comply with the requirements 
of this rule, he may order either that the matter is admitted or that an 
amended answer be served.
    (d) Effect of admission. Any matter admitted under this rule is 
conclusively established and may be used as proof against the party who 
made the admission. However, the discovery or decisionmaking official 
may permit withdrawal or amendment when the presentation of the merits 
of the proceeding will be served thereby and the party who obtains the 
admission fails to satisfy such official that withdrawal or amendments 
will prejudice him in maintaining his action or defense on the merits.