60-236. Requests for admission. (a) Availability, scope and procedure. (1) Availability and scope. A party may serve on the plaintiff after commencement of the action and on any other party with or after service of process on that party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of K.S.A. 60-226, and amendments thereto, relating to:
(A) Facts, the application of law to fact or opinions about either; and
(B) the genuineness of any described documents.
(2) Form; copy of a document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying.
(3) Time to respond; effect of not responding. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serve on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney, except that a defendant may serve answers or objections within 45 days after being served with process. A shorter or longer time may be stipulated to under K.S.A. 60-229, and amendments thereto, or be ordered by the court.
(4) Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter, and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.
(5) Objections. The grounds for objecting to a request must be stated. A party must not object solely on the ground that the request presents a genuine issue for trial.
(6) Motion regarding the sufficiency of an answer or objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. On finding that an answer does not comply with this section, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until a pretrial conference or a specified time before trial. The provisions of subsection (a)(5) of K.S.A. 60-237, and amendments thereto, apply to an award of expenses.
(b) Effective of an admission; withdrawing or amending it. A matter admitted under this section is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to subsection (e) of K.S.A. 60-216, and amendments thereto, 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. An admission under this section is not an admission for any other purposes and cannot be used against the party in any other proceeding.
History: L. 1963, ch. 303, 60-236; amended by Supreme Court order dated July 20, 1972; L. 1997, ch. 173, § 19; L. 2010, ch. 135, § 105; July 1.
Structure Kansas Statutes
Article 2 - Rules Of Civil Procedure
60-201 Rules of civil procedure; citation; scope.
60-203 Commencement of action.
60-205 Service and filing of pleadings and other papers.
60-207 Pleadings allowed; motions; form.
60-208 General rules of pleadings.
60-209 Pleading special matters.
60-211 Signing of pleadings, motions and other papers; representations to the court; sanctions.
60-212 Defenses and objections; presentations, when and how; certain motions; waiver.
60-213 Counterclaims and cross-claims.
60-215 Amended and supplemental pleadings.
60-216 Pretrial conferences; case management conference.
60-218 Joinder of claims; contingent claims.
60-219 Required joinder of parties; feasibility.
60-220 Permissive joinder of parties.
60-221 Misjoinder and nonjoinder of parties.
60-223b Actions relating to unincorporated associations.
60-225 Substitution of parties.
60-226 General provisions governing discovery.
60-227 Perpetuation of testimony; petition; order.
60-228 Persons before whom depositions may be taken.
60-228a Uniform interstate depositions and discovery act.
60-229 Discovery procedure; stipulations.
60-230 Depositions by oral examination; requirements; examination; copies; attendance.
60-231 Depositions by written questions.
60-232 Use of depositions in court proceedings.
60-233 Interrogatories to parties.
60-235 Physical and mental examinations.
60-236 Requests for admission.
60-238 Right of trial by jury; demand; waiver.
60-239 Trial by jury or by the court.
60-240 Scheduling cases for trial; continuances.
60-242 Multicounty and multidistrict litigation.
60-243 Testimony of witnesses; evidence.
60-245a Subpoena of nonparty business records.
60-246 Objections to rulings or orders.
60-249 Special verdict; general verdict; written questions.
60-249a Itemized verdict, personal injury actions; jury instructions.
60-250 Judgment as a matter of law; motion for new trial.
60-251 Jury instructions; objections; erroneous instructions.
60-252 Findings and conclusions by the court; judgment on partial findings.
60-252a Trial by the court; judgment, ruling or decision, time limitation.
60-252b Rules of supreme court.
60-258a Comparative negligence.
60-259 New trial; motion to alter or amend judgment.
60-260 Relief from judgment or order.
60-262 Stay of proceedings to enforce judgment.
60-264 Enforcing orders for and against a nonparty; procedure.
60-265 Applicability of article.
60-266 Same; jurisdiction and venue.
60-267 Rules by district courts.
60-270 Retaining original records until case closed.