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1997 RULES 2019 AMENDMENT REMARKS

RULE 26 : ADMISSION BY ADVERSE PARTY


SECTION 1. 
Request for admission. - - Same - -

When:
at any time after issues have been
joined

Who: a party may file and serve upon


any other party

What:
- a written request for the
admission by the latter of the
genuineness of any material
and relevant document
described in and exhibited
with the request or of the
truth of any material and
relevant matter of fact set
forth in the request

- copies of the documents shall


be delivered with the request
unless copy have already
been furnished.
SECTION 2.  SEC. 2. 
Implied admission. Implied admission.

Gen Rule:
- Each of the matters of which
an admission is requested
shall be deemed admitted
unless -
When:
When: - within a period designated in
- within a period designated in the request, which shall not be
the request, which shall not less than fifteen (15) calendar
be less than fifteen (15) days days after service thereof, or
after service thereof, or - within such further time as the
- within such further time as the court may allow on motion,
court may allow on motion,
What:
What:
- the party to whom the request
is directed files and serves
upon the party requesting the
admission a sworn statement
either denying specifically the
matters of which an
admission is requested or
setting forth in detail the
reasons why he cannot
truthfully either admit or deny
those matters.
- OBJECTIONS to any request
- OBJECTIONS to any request for admission shall be
for admission shall be submitted to the court by the
submitted to the court by the party requested within the
party requested within the period for and prior to the filing
period for and prior to the of his or her sworn statement as
filing of his sworn statement contemplated in the preceding
as contemplated in the paragraph and his or her
preceding paragraph and his compliance therewith shall be
compliance therewith shall be deferred until such objections
deferred until such objections are resolved, which resolution
are resolved, which resolution shall be made as early as
shall be made as early as practicable.
practicable. (2a)

SECTION 3. 
Effect of admission.

What: What:
- Any admission made by a - same
party pursuant to such
request is for the

Where : Effect:
- purpose of the pending action - purpose of the pending action
only and shall NOT constitute only and shall not constitute an
an admission by him for any admission by him or her for any
other purpose nor may the other purpose nor may the
same be used against him in same be used against him or
any other proceeding her in any other proceeding

SECTION 4. 
Withdrawal.

Who: - - Same - -
- The court

What:
- may allow the party making
an admission under the Rule,
whether express or implied, to
withdraw or amend it upon
such terms as may be just.
(4)
SECTION 5. 
Effect of failure to file and serve request - - Same - -
for admission.

General Rule:
- a party failure to file and
serve a request for admission
on the adverse party of
material and relevant facts at
issue which are, or ought to
be, within the personal
knowledge of the latter, shall
NOT be permitted to present
evidence on such facts

Exceptions :
- Unless otherwise allowed by
the court for good cause
shown and to prevent a
failure of justice

RULE 27: PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS


SECTION 1. 
Motion for production or
inspection; order.

How:
- upon motion of any party - upon motion of any party
showing good cause therefor, showing good cause therefor,
the court in which an action is the court in which an action is
pending may: pending may
- (a) order any party to produce - (a) order any party to produce
and permit the inspection and and permit the inspection and
copying or photographing, by copying or photographing, by or
or on behalf of the moving on behalf of the moving party,
party, of any designated of any designated documents,
documents, papers, books, papers, books, accounts,
accounts, letters, letters, photographs, objects or
photographs, objects or tangible things, not privileged,
tangible things, not privileged, which constitute or contain
which constitute or contain evidence material to any matter
evidence material to any involved in the action and which
matter involved in the action are in his or her possession,
and which are in his custody or control; or
possession, custody or - (b) order any party to permit
control, or entry upon designated land or
- (b) order any party to permit other property in his or her
entry upon designated land or possession or control for the
other property in his purpose of inspecting,
possession or control for the measuring, surveying, or
purpose of inspecting, photographing the property or
measuring, surveying, or any designated relevant object
photographing the property or or operation thereon.
any designated relevant - The order shall specify the time,
object or operation thereon. place and manner of making
- The order shall specify the the inspection and taking copies
time, place and manner of and photographs, and may
making the inspection and prescribe such terms and
taking copies and conditions as are just. (1a)
photographs, and may
prescribe such terms and
conditions as are just. (1a)

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