[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.34]

[Page 44-45]
 
                        TITLE 49--TRANSPORTATION
 
                   CHAPTER V--NATIONAL HIGHWAY TRAFFIC
                    SAFETY ADMINISTRATION, DEPARTMENT
                            OF TRANSPORTATION
 
PART 511_ADJUDICATIVE PROCEDURES--Table of Contents
 
                 Subpart D_Discovery; Compulsory Process
 
Sec.  511.34  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 
proceeding only, of the truth of any matters within the scope of Sec.  
511.31(c)(1) 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 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 as to which an admission is requested 
shall be separately set forth.
    (b) Procedure for response. The matter as to which an admission is 
requested is 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 
representatives. If objection is made, the reasons therefore shall be 
stated.

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 as 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, 
unless the party states that he or she has made reasonable inquiry and 
that the information known or readily available to him or her is 
insufficient to enable him or her to admit or deny. A party who 
considers that a matter as 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 the answer or 
objection thereto in accordance with Sec.  511.36. If the Presiding 
Officer determines that an answer does not comply with the requirements 
of this section, he or she may order that the matter be deemed admitted 
or that an amended answer be served.

[[Page 45]]

    (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 that 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.