Advisory Commission Comments to Rules 36.01-36.02

Advisory Commission Comments

Rule 36.01 permits the plaintiff to serve requests for admissions upon the defendant with or after service of the summons and complaint. The rule fixes the time within which responses or objections must be served. The rule also imposes upon a party the duty to make a reasonable inquiry in an effort to ascertain the answer to a request for admissions. [1979.]

Advisory Commission Comment [2011]

This amendment to Rule 36.01 is the same change that was made to Rule 36(a) of the Federal Rules of Civil Procedure in 2007. This change reinforces the point that a request is not objectionable merely because it asks an adversary to admit an opinion about facts or an opinion requiring the application of law to fact. This amendment should render obsolete any contrary suggestion that may be drawn from Brooks v. United Uniform Co., 682 S.W.2d. 913 (Tenn. 1984).

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