3746-6-05 Requests for admission.

(A) Any party may serve upon any other party a written request for the admission of the truth of any specific matter within the scope of discovery set forth in rule 3746-6-01 of the Administrative Code and subject to such discovery deadlines as the commission may order, including the genuineness of any documents described in the request. Copies of any such documents shall be served with the request unless they have previously been furnished for inspection or copying.A party serving a request for admission shall provide the party served with both a printed and an electronic copy of the request for admission. The electronic copy shall be reasonably useable for word processing and provided by means agreed to by the parties. A party who is unable to provide an electronic copy of a request for admission may seek leave of the commission to be relieved of this requirement.

(B) Each matter for which an admission is requested shall be separately set forth. The matter is admitted unless, within twenty-eight days after the service of the request, or within such shorter or longer time as the commission may order, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection, signed by the party or by his attorney. If an 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 make an admission or denial.

(C) Any party who has requested an admission may move for an order pursuant to rule 3746-6-08 of the Administrative Code with respect to any answer or objection. Unless it appears that an objection is justified, the commission shall order that an answer be served.

(D) Unless otherwise ordered by the commission, any matter admitted under this rule is conclusively established against the party making the admission, but such admission may be rebutted by evidence offered by any other party. An admission under this rule is an admission for the purposes of the pending proceeding only and may not be used for any other purpose.

Effective: 08/15/2011
R.C. 119.032 review dates: 05/24/2011 and 05/24/2016
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 4/28/2000, 7/29/2005