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Rule 215.4. Failure to Comply with Rule 198 (1999)


(a) Motion. A party who has requested an admission under Rule 198 may move to determine the sufficiency of the answer or objection. For purposes of this subdivision an evasive or incomplete answer may be treated as a failure to answer. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of Rule 198, it may order either that the matter is admitted or that an amended answer be served. The provisions of Rule 215.1 (d) apply to the award of expenses incurred in relation to the motion.

(b) 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 198 and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney fees. The court shall make the order unless it finds that (1) the request was held objectionable pursuant to Rule 193, or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had a reasonable ground to believe that he might prevail on the matter, or (4) there was other good reason for the failure to admit.

Amended by order of Nov. 9, 1998, eff. Jan. 1, 1999.

Notes and Comments

Comments to 1999 change: The references in this rule to other discovery rules are changed to reflect the revisions in those rules, and former Rule 203 is added as Rule 215.5 in place of the former provision, which is superseded by Rule 193.6.

Technical corrections by order of Dec. 31, 1998, eff. Jan. 1, 1999: The first word in the comment to Rule 215 is changed to "The".

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941  
Dec. 5, 1983, eff. April 1, 1984  
July 15, 1987, eff. Jan. 1, 1988  
April 24, 1990, eff. Sept. 1, 1990