A request for admission asks the other side to admit that a particular fact is true, and in Georgia the dangerous part is what happens if you say nothing.
Silence Is an Admission
Under OCGA 9-11-36, a party may serve a written request that the other party admit the truth of any relevant matter that is not privileged. The matter is admitted unless the party serves a written answer or objection within 30 days after the request is served, or within 45 days after service of the summons and complaint where the request came with the divorce papers. Missing that deadline is not a technical slip. The fact is simply established.
An Admission Is Conclusive
In Crowther v. Estate of Crowther, 258 Ga. App. 498 (2002), a widow did not respond to requests for admission and was therefore treated as having admitted that she was already married to another man when she married the decedent. That admission ended her claim for year’s support. The Court of Appeals explained that “unlike an ‘evidentiary admission,’ which may be contradicted, facts admitted via requests for admission are ‘judicial admissions,’ which are conclusive unless withdrawal is permitted by the trial court.”
Getting an Admission Back
OCGA 9-11-36(b) lets the trial court permit withdrawal, and the test has two parts: (1) the party moving to withdraw must show that the presentation of the merits will be served by allowing it, and (2) the party who obtained the admission must fail to show that withdrawal would prejudice its case. Wanting a trial is not enough for the first part. In Crowther the widow could not meet it, and the admission stood.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!