§ 3123 — Admissions as to matters of fact, papers, documents and photographs

New York § 3123

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 31: Disclosure

Text

§ 3123. Admissions as to matters of fact, papers, documents and\nphotographs. (a) Notice to admit; admission unless denied or denial\nexcused. At any time after service of the answer or after the expiration\nof twenty days from service of the summons, whichever is sooner, and not\nlater than twenty days before the trial, a party may serve upon any\nother party a written request for admission by the latter of the\ngenuineness of any papers or documents, or the correctness or fairness\nof representation of any photographs, described in and served with the\nrequest, or of the truth of any matters of fact set forth in the\nrequest, as to which the party requesting the admission reasonably\nbelieves there can be no substantial dispute at the trial and which are\nwithin the knowledge of such other party or can be ascertained by him\nupon reasonable inquiry. Copies of the papers, documents or photographs\nshall be served with the request unless copies have already been\nfurnished. Each of the matters of which an admission is requested shall\nbe deemed admitted unless within twenty days after service thereof or\nwithin such further time as the court may allow, the party to whom the\nrequest is directed serves upon the party requesting the admission a\nsworn statement either denying specifically the matters of which an\nadmission is requested or setting forth in detail the reasons why he\ncannot truthfully either admit or deny those matters. If the matters of\nwhich an admission is requested cannot be fairly admitted without some\nmaterial qualification or explanation, or if the matters constitute a\ntrade secret or such party would be privileged or disqualified from\ntestifying as a witness concerning them, such party may, in lieu of a\ndenial or statement, serve a sworn statement setting forth in detail his\nclaim and, if the claim is that the matters cannot be fairly admitted\nwithout some material qualification or explanation, admitting the\nmatters with such qualification or explanation.\n (b) Effect of admission. Any admission made, or deemed to be made, by\na party pursuant to a request made under this rule is for the purpose of\nthe pending action only and does not constitute an admission by him for\nany other purpose nor may it be used against him in any other\nproceeding; and the court, at any time, may allow a party to amend or\nwithdraw any admission on such terms as may be just. Any admission shall\nbe subject to all pertinent objections to admissibility which may be\ninterposed at the trial.\n (c) Penalty for unreasonable denial. If a party, after being served\nwith a request under subdivision (a) does not admit and if the party\nrequesting the admission thereafter proves the genuineness of any such\npaper or document, or the correctness or fairness of representation of\nany such photograph, or the truth of any such matter of fact, he may\nmove at or immediately following the trial for an order requiring the\nother party to pay him the reasonable expenses incurred in making such\nproof, including reasonable attorney's fees. Unless the court finds that\nthere were good reasons for the denial or the refusal otherwise to admit\nor that the admissions sought were of no substantial importance, the\norder shall be made irrespective of the result of the action. Upon a\ntrial by jury, the motion for such an order shall be determined by the\ncourt outside the presence of the jury.\n