Motion to Deem Facts Admitted in Ohio

What Is a Motion to Deem Facts Admitted?

Background

Under Civ. R. 36(A), a party may serve a request for admissions upon another party. (Id.) The matter identified in the request is deemed admitted unless the answering party serves on the requesting party a valid answer or objection. A request for admission can be used to establish a fact, even if it goes to the heart of the case. This is in accord with the purpose of the request to admit—to resolve potentially disputed issues and thus to expedite the trial. (Cleveland Trust Co. v. Willis (1985) 20 Ohio St.3d 66, 67.)

General Information for Complaints and Motions

As it pertains to unanswered admissions, Civ.R. 36(A) states:

“Each matter of which an admission is requested shall be separately set forth. The party to whom the requests for admissions have been directed shall quote each request for admission immediately preceding the corresponding answer or objection. The matter is admitted unless, within a period designated in the request, not less than twenty-eight days after service of a printed copy of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney. Failure to provide an electronic copy does not alter the designated period for response, but shall constitute good cause for the court to order the period enlarged if request therefor is made pursuant to Rule 6(B) before the expiration of the designated period.” (Himes v. Smith, 2012 Ohio 184, 5 at ¶16 [Ohio Ct. App. 2012] citing id.)

Basis for Motion to Deem Facts Admitted

Civ. R.36(A)(3) states in relevant part:

“The party who has requested the admissions may move for an order with respect to the answers or objections. 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 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.”

Facts Deemed Admitted

Civ.R. 36(B) provides that “[a]ny matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission.... [T]he court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice the party in maintaining his action or defense on the merits.”

(Illuminating Co. v. Riverside Racquet Club, Ltd., 165 Ohio App. 3d 153, 157 [Ohio Ct. App. 2005] citing id.)

Standard of Review and Burdens of Proof

“[E]ven when a trial court has already deemed facts to have been admitted, pursuant to Civ. R. 36(B), a trial court, upon motion, may permit the withdrawal or amendment of a Civ. R. 36(A) admission when presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Balson v. Dodds (Ohio 1980) 62 Ohio St.2d 287 [holding that “the trial court abused its discretion by allowing the facts to be deemed as admitted given the unique circumstances of this case.”])

The Court’s Decision

“When a party fails to respond, without justification, to a properly served request for admissions, those matters to which the requests were addressed will be deemed admitted.” (Smith v. Smith, 2021 Ohio 1955, 2-3 [Ohio Ct. App. 2021] citing Mannesmann Dematic Corp. v. Material Handling Servs., 8th Dist. Cuyahoga No. 76256, 1999 Ohio App. LEXIS 6070, 9 [Dec. 16, 1999], citing Civ.R. 36; Cleveland Trust Co. v. Willis (1985) 20 Ohio St.3d 66, 67, 485 N.E.2d 1052 (1985) cert denied, 478 U.S. 1005.)

In construing Civ.R. 36, the Supreme Court of Ohio provided in Cleveland Trust Co. v. Ameritrust Co., (20 Ohio St.3d 66, 67, 485 N.E.2d 1052 [1985]) as follows: Civ.R. 36 requires that when requests for admission are filed by a party, the opposing party must timely respond either by objection or answer. Failure to respond at all to the requests will result in the requests becoming admissions. The Court in Cleveland Trust held that when the party failed to answer the request, “the admissions became facts of record which the court must recognize.” (Id.)

Documents for Motion to Deem Facts Admitted in Ohio

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MORTGAGE ASSETS MANAGEMENT LLC vs . FERNANDEZ UNKNOWN EXECUTOR, ALICE et al JWR (CF) FORECLOSURE document preview

MAGISTRATE'S ORDER FILED: Therefore, it is ORDERED that Jonathan Harper of…

1 page

Filing # 151780 / 23CF001543 / RUPLE, JEFFREY W. Lake Co Common Pleas Court, Clerk Faith Andrews 11/09/2023 03:40 PM RASC#23-151470 IN THE COURT OF COMMON PLEAS LAKE COUNTY, OHIO MORTGAGE ASSETS MANAGEMENT, LLC CASE NO. 23 CF 001543 Plaintiff, JUDGE …

Case Name MORTGAGE ASSETS MANAGEMENT LLC vs . FERNANDEZ UNKNOWN EXECUTOR, ALICE et a…