Motion to Deem Facts Admitted in Vermont

Understanding the Purpose and Significance of a Motion to Deem Facts Admitted

“Cases are tried in court upon the issues joined by the parties.” (See Brown v. Aitken, 90 Vt. 569, 573, 99 A. 265; Powell v. Rockwell, 97 Vt. 528, 530, 124 A. 567; Milligan v. Clogston, 100 Vt. 455, 459, 138 A. 739.)

“They are not to be decided upon an issue outside the pleadings.” (See id.)

“The admission, by the answer, of a fact alleged in the complaint, is a judicial admission, and binding and conclusive.” (See Barber v. Chase (1928) 101 Vt. 343, 349-50.)

“Admissions include any statement made by and offered against a party opponent.” (See State v. Bernier (1991) 157 Vt. 265, 268.)

“Rule of Civil Procedure 36 provides that a matter for which an admission is requested is admitted unless, within 30 days after service of the request . . . the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter." (See V.R.C.P. 36(a); Gallipo v. City of Rutland (2005) 178 Vt. 244, 253.)

Stated differently, “an issue subject to a request for admission is deemed admitted if the party to whom discovery is directed does not answer or object to the request within thirty days.” (See Record v. Kempe (2007) 182 Vt. 17, 20.)

“Further, a matter admitted pursuant to Rule 36 is conclusively established unless the court on motion permits withdrawal or amendment of the admission." (See V.R.C.P. 36(b); Gallipo v. City of Rutland (2005) 178 Vt. 244, 253.)

“Under Rule 36, a party's failure to deny allegations in requests to admit acts as an admission.” (See Dartmouth College v. Kozaczek (2011) 19 A.3d 1236.)

“When a party makes an admission at variance with his testimony, it is admissible, not only to impeach him, but also as evidence that the fact is as admitted.” (See Hall v. Royce (1937) 109 Vt. 99, 108.)

“Judicial admissions are an efficient means by which to isolate the contested facts from the facts which either party has already admitted are true. The requirements for an admission are strict, however.” (See Trotier v. Bassett (2002) 174 Vt. 520, 522.)

Facts Admitted in the Context of a Motion for Summary Judgment

“Under Vermont Rules of Civil Procedure, 56(c) (d), an unopposed statement of undisputed material facts submitted for summary judgment is deemed admitted for all purposes including trial of any remaining issues even when the underlying motion for summary judgment is denied.” (See Cassani v. Hale (2010) 187 Vt. 336, 345-46.)

“In reviewing summary judgment rulings, we apply the same standard as the trial court.” (See id; Richart v. Jackson (2000) 171 Vt. 94, 97, 758 A.2d 319, 321.) “One party is entitled to summary judgment under Rule 56 if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the [required] affidavits, if any, . . . show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law." (See V.R.C.P. 56(c)(3); Cassani v. Hale (2010) 187 Vt. 336, 345-46.)

“In determining whether material facts are still in dispute, the court must find that the facts bearing on the issue are clear, undisputed, or unrefuted.” (See Toys, Inc. v. F.M. Burlington Co. (1990) 155 Vt. 44, 48, 582 A.2d 123, 125.)

“A court rendering judgment on a Rule 56 motion takes the entire setting of the case and all materials into account.” (See Cassani v. Hale (2010) 187 Vt. 336, 345-46; Stamp Tech, Inc. ex rel. Blair v. Lydall/Thermal Acoustical, Inc. (2009) VT 91, 11, 186 Vt. 369, 987 A.2d 292.)

Discretion of the Court in Deciding a Motion to Deem Facts Admitted

“Although Rule 36 empowers the court to grant a party leave to amend admissions, we review a trial court's decision to permit the withdrawal or amendment of an admission for abuse of discretion." (See Gallipo v. City of Rutland (2005) 178 Vt. 244, 254.)

"[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 that party in maintaining the action or defense on the merits." (See id.)

“The court is obligated to examine prejudice only if it exercises discretion to allow untimely answers.” (See id.)

Legal Precedents and Case Law on a Motion to Deem Facts Admitted

It is well settled that “judicial admissions made by an attorney at trial for the purpose of dispensing with the formal proof of some fact are binding upon their clients . . . and . . . are in general conclusive. The rule is especially applicable when the admission is made in open court and in the client's presence.” (See United States v. United States Fidelity Guaranty Co. (1910) 83 Vt. 278, 281, 75 A. 280, 281; In re R. S (1983) 143 Vt. 565, 571-72.)

It is also well settled that “a concession made absolutely without qualification is a judicial admission and a binding waiver of the issue.” (See Granite City Coop. Creamery Ass'n v. B & K Cheese Co. (1949) 115 Vt. 408, 412, 63 A.2d 193, 196; Buxton v. Springfield Lodge No. 679 (2014) 99 A.3d 171, 178.)