A matter admitted via a request for admission becomes conclusively established unless what occurs?

Prepare for the North Carolina Rules of Civil Procedure Exam. Study with in-depth flashcards and multiple-choice questions. Each question has detailed explanations and hints to ensure a thorough understanding of NCGS Section 1A-1. Get ready for your exam today!

Multiple Choice

A matter admitted via a request for admission becomes conclusively established unless what occurs?

Explanation:
When a party serves a request for admission and the other side admits a fact, that fact is treated as conclusively established for the case. The only way to escape that conclusiveness is if the court, on motion, permits withdrawal or amendment of the admission. This relief is available for good cause, such as mistake, inadvertence, or to prevent injustice, and it requires a court-ordered change rather than mere voluntary withdrawal. Other events—like the party simply withdrawing on their own, a court denying the request, or the action being dismissed—do not automatically undo the conclusive effect of the admission.

When a party serves a request for admission and the other side admits a fact, that fact is treated as conclusively established for the case. The only way to escape that conclusiveness is if the court, on motion, permits withdrawal or amendment of the admission. This relief is available for good cause, such as mistake, inadvertence, or to prevent injustice, and it requires a court-ordered change rather than mere voluntary withdrawal. Other events—like the party simply withdrawing on their own, a court denying the request, or the action being dismissed—do not automatically undo the conclusive effect of the admission.

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