5.4 - Requests for Admissions

(a) Generally

A party may serve on any other party a written request for admission of:

• the genuineness and authenticity of any relevant document described in or attached to the request; or
• the truth of any specified relevant fact.

(b) Response

A party served with a request for admissions must serve a response upon the requesting party within 30 days after service of the request. The ALJ may extend or shorten the deadline for service of the response. For each requested admission, the response must include:

• a written statement specifically denying the relevant matters for which admission was requested;
• a written statement setting forth in detail the reasons why the responding party can neither admit nor deny the request(s) for admission;
• written objections that some or all of the matters involved are privileged or irrelevant and why, or that the request is otherwise improper and why; or
• a written statement that some or all of the matters involved are admitted.

(c) Failure to Deny or Object

If the answering party does not specifically deny or object to any particular request for admission as outlined above, the matter will be deemed admitted. All requests for admission and responses thereto will be solely for the purposes of the pending proceeding before OCAHO.

(d) Lack of Information or Knowledge

If an answering party gives lack of information or knowledge as a reason for failure to admit or deny a specific request for admission, the party must also state that the party made a reasonable inquiry and that the information known or readily obtainable by him or her is insufficient to enable the party to admit or deny the request(s).

(e) Withdrawal or Amendment of Admissions

A party wishing to withdraw or amend an admission must file a motion with the ALJ.

(f) Effect of Admissions

Any matter admitted (and not properly withdrawn or amended) will be treated as conclusively established for purposes of the OCAHO proceeding.