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Motion for withdrawal of admissions under Federal Rule of Civil Procedure 36(b)

A motion to withdraw admissions under Federal Rule of Civil Procedure 36(b) is the topic of this blog post. Rule 36(b) authorizes the Court to allow withdrawal or amendment of a Request for Admissions response if such action by the Court will promote the presentation of the merits of the action and will not unreasonably prejudice the adverse party.

“The Court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits.” Federal Rule of Civil Procedure 36(b).

Rule 36(b) sets forth a two pronged test to determine whether it is reasonable and appropriate for the court to grant relief to a party requesting to withdraw or amend discovery admissions, including admissions that are deemed admissions due to the late response of the party responding to the discovery request. The first of the two prongs calls for a determination by the court as to whether “the presentation of the merits” will be encouraged by allowing a withdrawal or amendment of the admissions. This prong focuses on the importance of having the action resolved on the merits.

The Ninth Circuit Court of Appeals has stated that the first prong of the test in Rule 36(b) is satisfied when upholding the admissions would practically eliminate any presentation of the merits of the case. Thus the first prong is easily met when failing to grant the relief would result in great harm to one side and result in the undoing of that side’s case.

The second prong of the Rule 36(b) two-part test requires the court to determine whether the non-moving party would be prejudiced by granting the withdrawal or amendment of admissions.

Cases in which prejudice occur generally contemplate situations in which a trial has already begun or witnesses have been dismissed in reliance upon the deemed admissions.

The Ninth Circuit Court of Appeals has stated that the burden of proving prejudice is on the party who is relying on the deemed admission.

The United States District Courts have broad discretion in managing pretrial discovery matters.

In discussing the Federal Rules of Civil Procedure, the Ninth Circuit Court of Appeal has stated that the Federal Rules of Civil Procedure are, “to be liberally construed to effectuate the general purpose of seeing that cases are tried on the merits.” Rodgers v. Watt, (9th Cir. 1983) 722 F.2d 456, 459 (internal citations omitted.) See also Federal Rule of Civil Procedure 1. “The Federal Rules should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Attorneys or parties who would like to view a portion of a sample 11 page motion for withdrawal of admissions containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can see below.

Attorneys or parties that would like more information on a federal litigation document package containing 42 sample documents including a motion for withdrawal of admissions under Rule 36(b) and selling for only $89.99 can use the link shown below.

http://legaldocspro.net/federal-litigation-document-package/

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

You can view portions of over 300 sample legal documents for California and Federal litigation at View over 300 sample legal documents for sale

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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