GA Code § 9-11-36 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 11 - Civil Practice Act|Article 5 - Depositions and Discovery|§ 9-11-36. Requests for Admission

  Scope; service; answer or objection; motion to determine sufficiency.   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 subsection (b) of Code Section 9-11-26 which are set forth in the request and 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 plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint 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 answer or objection addressed to the matter, signed by the party or by his attorney; but unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon him. 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 or 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 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 readily obtainable by 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, subject to subsection (c) of Code Section 9-11-37, deny the matter or set forth reasons why he cannot admit or deny it.   The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this subsection, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. Paragraph (4) of subsection (a) of Code Section 9-11-37 shall apply to the award of expenses incurred in relation to the motion.     Effect of admission. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission. Subject to Code Section 9-11-16 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under this Code section is for the purpose of the pending action only and is not an admission by him for any other purpose, nor may it be used against him in any other proceeding.    (Ga. L. 1966, p. 609, § 36; Ga. L. 1967, p. 226, §§ 17, 18A; Ga. L. 1972, p. 510, § 9.)   Cross references.   - Form of request for admission, § 9-11-125.    Admissions generally, § 24-8-821 et seq.   U.S. Code.   - For provisions of Federal Rules of Civil Procedure, Rule 36, see 28 U.S.C.   Law reviews.   - For article surveying Georgia cases in the area of trial practice and procedure from June 1979 through May 1980, see 32 Mercer L. Rev. 225 (1980). For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982). For note, "Preferential Treatment of the United States under Federal Civil Discovery Procedures," see 13 Ga. L. Rev. 550 (1979).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Answers and Objections   Withdrawal or Amendment of Admission   Use of Admissions   Summary Judgment    RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Depositions and Discovery, § 181 et seq.   C.J.S.   - 27 C.J.S., Discovery, § 163 et seq. 35A C.J.S., Federal Civil Procedure, §§ 684, 743, 744 et seq., 751. 36A C.J.S., Federal Courts, § 878.   ALR.   - What constitutes a "denial" within Federal Rule of Civil Procedure 36 and similar state statutes and rules pertaining to admissions before trial, 36 A.L.R.2d 1192.   Time for filing responses to requests for admissions; allowance of additional time, 93 A.L.R.2d 757.   Party's duty, under Federal Rule of Civil Procedure 36(a) and similar state statutes and rules, to respond to requests for admission of facts not within his personal knowledge, 20 A.L.R.3d 756.   Discovery, in products liability case, of defendant's knowledge as to injury to or complaints by others than plaintiff, related to product, 20 A.L.R.3d 1430.   Permissible scope, respecting nature of inquiry, of demand for admissions under modern state civil rules of procedure, 42 A.L.R.4th 489.   Propriety, under Rule 56 of the Federal Rules of Civil Procedure, of granting summary judgment when deponent contradicts in affidavit earlier admission of fact in deposition, 131 A.L.R. Fed. 403.