Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 12 - DISCOVERY RULES › Section 442-12-010 - Requests for Admission (Rule 36)

Current through June 17, 2024
010.01 Request for
				Admission
A party may serve upon any other party a written request for
				  the admission, for purposes of the pending petition or appeal only, of the
				  truth of any matters within the scope of subsection 001.02 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 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 Commission, be served upon the petitioner
				  or appellant after commencement of the petition or appeal and upon any other
				  party with or after service of the notice in lieu of summons upon that
				  party.
Each matter of which an admission is requested shall be
				  separately set forth by the party making the request, and shall be repeated by
				  the responding party in the answer or objection thereto. The matter is admitted
				  unless, within thirty days after service of the request, or within such shorter
				  or longer time as the Commission 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 the party's legal
				  counsel, but, unless the Commission shortens the time, a defendant or appellee
				  shall not be required to serve answers or objections before the expiration of
				  forty-five days after service of the notice in lieu of summons upon the
				  defendant or appellee. 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 an answer or deny only a part of the
				  matter of which an admission is requested, the party 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 the party states that reasonable inquiry has been made and that the
				  information known or readily obtainable by the party is insufficient to enable
				  the party to admit or deny. A party who considers that a matter of which an
				  admission has been requested presents a genuine issue for hearing may not, on
				  that ground alone, object to the request; the party may, subject to the
				  provisions of subsection 011.03, deny the matter or set forth reasons why the
				  party 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 Commission
				  determines that an objection is justified, it shall order that an answer be
				  served. If the Commission determines that an answer does not comply with the
				  requirements of this rule, it may order either that the matter is admitted or
				  that an amended answer be served. The Commission may, in lieu of these orders,
				  determine that final disposition of the request be made at a pre-hearing
				  conference or at a designated time prior to hearing. The provisions of
				  subsection
				  011.01C apply to
				  the award of expenses incurred in relation to the motion.
010.02 Effect of Admission
Any matter admitted under this rule is conclusively
				  established unless the Commission on motion permits withdrawal or amendment of
				  the admission. The Commission may permit withdrawal or amendment when the
				  presentation of the merits of the petition or appeal will be subserved thereby
				  and the party who obtained the admission fails to satisfy the Commission that
				  withdrawal or amendment will prejudice the party in maintaining the party's
				  petition or appeal or defense on the merits. Any admission made by a party
				  under this rule is for the purpose of the pending petition or appeal only and
				  is not an admission by that party for any other purpose.