In preparing answers to requests for admissions, the answers must be made in good faith and answer the request in detail. Answers that do not accomplish this may be stricken at the court’s discretion and sanctions applied. The following excerpted Rules and cases support the above conclusion. If the defendant in your case offered only blanket denials, and you are able to provide documentation showing that his answers were not complete or made in good faith, it is likely that a judge would be amenable to striking the answers, thus making them admissions, and imposing sanctions such as attorney’s fees. If the opposing party has a good faith belief that their denials were correct, then they will likely not be sanctioned. Of particular interest in Rule 37 (c), which explains the grounds under which a judge may choose to sanction for failure to admit.
NC Rules of Civil Procedure Rule 36 If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. N.C. Gen. Stat. Ann. 1A-1, 36 Rule 37 (c) Expenses on failure to admit.--If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the requesting party may apply to the court for an order requiring the other party to pay to him or her the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that (i) the request was held objectionable pursuant to Rule 36(a), or (ii) the admission sought was of no substantial importance, or (iii) the party failing to admit had reasonable ground to believe that he or she might prevail on the matter, or (iv) there was other good reason for the failure to admit. N.C. Gen. Stat. Ann. 1A-1, 37 Rule 8 (c) (b) Defenses; form of denials. -- A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part of or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth in Rule 11. N.C. Gen. Stat. Ann. 1A-1, 8 Case Law
Wachovia Bank of N. Carolina, N.A. v. Bob Dunn Jaguar, Inc., 117 N.C. App. 165, 174, 450 S.E.2d 527, 533 (1994)
3 Comments
Susan Christian
6/9/2022 02:20:20 pm
Hello to everyone out here, I am here to share the unexpected miracle that happened to me … My name is Susan Christian , I live in London, UK. we got married for more than 9 years and have gotten two kids. thing were going well with us and we are always happy. until one day my husband started to behave in a way i could not understand, i was very confused by the way he treat me and the kids. later that month he did not come home again and he called me that he want a divorce, i asked him what have i done wrong to deserve this from him, all he was saying is that he want a divorce that he hate me and do not want to see me again in his life, i was mad and also frustrated do not know what to do, i was sick for more than 2 weeks because of the divorce. i love him so much he was everything to me without him my life is incomplete. i told my sister and she told me to contact a spell caster, i never believe in all this spell casting of a thing. i just want to try if something will come out of it. i contacted Dr Emu for the return of my husband to me, they told me that my husband have been taken by another woman, that she cast a spell on him that is why he hate me and also want us to divorce. then they told me that they have to cast a spell on him that will make him return to me and the kids, they casted the spell and after 24 hours my husband called me and he told me that i should forgive him, he started to apologize on phone and said that he still live me that he did not know what happen to him that he left me. it was the spell that he Dr Emu casted on him that make him come back to me today, me and my family are now happy again today. thank you Dr Emu for what you have done for me i would have been nothing today if not for your great spell. i want you my friends who are passing through all this kind of love problem of getting back their husband, wife , or ex boyfriend and girlfriend to contact Dr Emu ,if you need his help you can contact him through his private mail: [email protected] or you can contact him through his website https://emutemple.wordpress.com/ fb page Https://web.facebook.com/Emu-Temple-104891335203341 and you will see that your problem will be solved without any delay.
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Peggy Rothchild
5/29/2023 07:04:54 pm
SAVE YOUR RELATIONSHIP ONLINE WITH A TRUSTED AND RELIABLE SPELL CASTER. Email: [email protected]
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Paul Cullen
5/16/2024 05:16:45 pm
Thank you LORD KRISH for manifesting my work within 24 hours as you promised. I have come online to say that I am happy to have met Lord Krish who help me in getting back my ex wife who left me for a wealthy man because she wants to have expensive things. I met Lord Krish and he helped me with a love spell and she returned to me within 24 hours of contacting Lord Krish. After 5 months of struggling with emotional heart break, I am finally happy to have my love back in my life. I never believed love spells are very true until I met Lord Krish and it was also through same testimonies. I promised Lord Krish I would share his name on the internet to bring people to him. Contact Lord Krish to see his manifestation in your marriage at his EMAIL: [email protected]
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