General Motors Corp., Chevrolet Motor Div. v. Aetna Cas. & Sur. Co.
| Decision Date | 26 June 1991 |
| Docket Number | No. 25S03-9106-CV-489,25S03-9106-CV-489 |
| Citation | 573 N.E.2d 885 |
| Court | Indiana Supreme Court |
| Parties | GENERAL MOTORS CORPORATION, CHEVROLET MOTOR DIVISION Appellant (Defendant Below), v. AETNA CASUALTY & SURETY CO. Appellee (Plaintiff Below). |
Don G. Blackmond, South Bend, for appellant.
Timothy J. Walsh, South Bend, for appellee.
This case presents questions regarding the use and scope of requests for admissions under Ind.Trial Rule 36. Decisions of the Court of Appeals are in conflict on these issues. We grant transfer to provide guidance to the bench and bar.
Plaintiff-appellee Aetna Casualty & Surety Co. (Aetna) commenced this product liability action in April, 1987, to recoup a $12,125.00 claim payment for fire damage to a mobile dental facility owned by its insured, Hartford Dental Society, Inc. The vehicle was built on a chassis and engine designed and manufactured by defendant-appellant General Motors Corporation, Chevrolet Motor Division (G.M.). Named as defendants in the action were G.M. and Barth, Inc., the assembler and seller of the specialized vehicle. On August 29, 1988, Aetna served upon both defendants identical requests for admissions. Appended to the requests were copies of the reports of engineering consultants who had inspected and evaluated the vehicle following the fire. Barth sought and received an enlargement of time to respond until October 31, 1988. On October 4, 1988, Aetna filed a motion for summary judgment against G.M. based upon requested admissions deemed admitted by G.M.'s failure to timely respond pursuant to T.R. 36. The trial court scheduled a hearing on the motion for summary judgment for December 29, 1988. Barth filed its responses to Aetna's request for admissions on October 27, 1988. On the date for hearing the motion for summary judgment, G.M. filed its motion to withdraw its admission to requests numbered 13, 27 and 30. 1 The trial court denied G.M.'s motion to withdraw the admissions and entered summary judgment against G.M. The Court of Appeals reversed. General Motors v. Aetna Cas. & Sur. Co. (1990), Ind.App., 559 N.E.2d 362.
Requests for admissions are governed by T.R. 36 which provides:
(A) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(B) set forth in the request, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.
Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within a period designated in the request, not less than thirty days after service thereof 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 his attorney. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny or that the inquiry would be unreasonably burdensome. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of Rule 37(B), deny the matter or set forth reasons why he cannot admit or deny it.
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 pre-trial conference or at a designated time prior to trial. The provisions of Rule 37(A)(4) apply to the award of expenses incurred in relation to the motion.
(B) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a pre-trial order, the 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 him in maintaining his action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding.
In reversing the judgment of the trial court, the Court of Appeals opined that T.R. 36 was not intended to include admissions posed in terms of ultimate legal conclusions rather than evidentiary matters and described Aetna's use of the requested admissions as "procedural land mines ... offensive to the overriding purpose of the rules." 559 N.E.2d at 365. We disagree.
By its express terms, the rule permits requests for admission addressed to "any matters" rather than "any facts." It further prohibits objection based on the ground that the requested admission presents a genuine issue for trial. The corresponding Fed.R.Civ.P. 36, permits requests for admission "of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact including the genuineness of any documents described in the request." In contrast, the counterpart language in the Indiana rule authorizes requests for admission "for purposes of the pending action only, of the truth of any matters ... including the genuineness of any documents described in the request." Significantly, Indiana's T.R. 36 does not incorporate the phrase "that relate to statements or opinions of fact or of the application of law to fact" contained in the federal rule. This difference makes the Indiana rule more expansive than the federal rule and permits a request for admission regarding an opinion, a contention, or a legal conclusion, if the request is related to the facts of the case. Ind. Constr. Serv. Co. v. Amoco Oil Co. (1989), Ind.App., 533 N.E.2d 1300; 3 W. Harvey, Indiana Practice-Rules of Procedure Annotated Sec. 36.1 (1988).
Under our rules of procedure, the final determinative legal issues in a case are often not identified in its early stages. The initial complaint may consist of a short and plain statement of a proper claim, along with a demand for the relief sought, and claims may be asserted alternatively or hypothetically. Ind.Trial Rule 8(A), (E). In response, a defendant will answer the allegations of a complaint by general or specific denial of designated averments, or by stating a lack of knowledge or information sufficient to form a belief as to the truth thereof. T.R. 8(B). It is then expected that the parties will use interrogatories, depositions, requests for production, physical and mental examinations, requests for admission, and pre-trial procedure to develop, simplify, and otherwise formulate the issues for trial. Requests for admission perform a vital role in permitting the parties to identify those legal contentions and issues for which evidentiary proof will not be necessary. Properly used, requests for admissions simplify...
To continue reading
Request your trial
-
Henrichs v. Pivarnik
...for admissions causes those matters to be admitted and conclusively established by operation of law. General Motors Corporation v. Aetna Casualty & Surety Co. (1991), Ind., 573 N.E.2d 885. Admission by operation of law under T.R. 36 of all facts material to the cause of action will entitle ......
-
Corby v. Swank
...not proper subjects for requests for admissions was incorrect in light of our Supreme Court's decision in General Motors Corp. v. Aetna Casualty & Sur. Co. (1991) Ind., 573 N.E.2d 885, reh'g denied. 2 There, our Supreme Court specifically held that requests for admissions under T.R. 36 may,......
-
Kerkhof v. Kerkhof
...failure to respond to the request for admissions was inadvertent, we direct the trial court to the supreme court's decision in General Motors, 573 N.E.2d 885. In affirming the trial court's denial of G.M.'s motion to withdraw admissions, the supreme court appeared to recognize inadvertence ......
-
City of Muncie v. Peters
...ask for admissions as to legal issues, contentions, and conclusions, if related to the facts of the case. General Motors Corp. v. Aetna Cas. & Sur. Co., 573 N.E.2d 885, 888 (Ind.1991). Matters admitted under the rule are deemed "conclusively established," eliminating the need to prove them ......