Section 5300.745  Admission of Fact or of Genuineness of Documents

a)         Request for Admission of Fact – A Party may serve on any other Party a written request for the admission by the latter of the truth of any specified relevant fact set forth in the request.

b)         Request for Admission of Genuinesness of Document – A Party may serve on any other Party a written request for admission of the genuineness of any relevant documents described in the request.  Copies of the documents shall be served with the request unless copies have already been furnished.

c)         Admission in the Absence of Denial – Each of the matters of fact and the genuineness of each document of which admission is requested is admitted unless, within twenty-eight (28) days after service thereof, the Party to whom the request is directed serves upon the Party requesting the admission either (1) a sworn statement denying specifically the matters of which admission is requested or setting forth in detail the reasons why he cannot truthfully admit or deny those matters or (2) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part.  If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request.  A denial shall fairly meet the substance of the requested admission.  If good faith requires that a Party deny only a part, or requires qualification of a matter of which an admission is requested, the Party shall specify so much of it as is true and deny only the remainder.  Any objection to a request or to an answer shall be heard by the Administrative Law Judge upon prompt notice and motion of the Party making the request.

d)         Public Records – If any public records are to be used as evidence, the Party intending to use them may prepare a copy of them insofar as they are to be used, and may seasonably present the copy to the adverse Party by notice in writing, and the copy shall thereupon be admissible in evidence as admitted facts in the case if otherwise admissible, except insofar as its inaccuracy is pointed out under oath by the adverse Party in an affidavit filed and served within 14 days after service of the notice.

e)         Effect of Admission – Any admission made by a Party pursuant to request under this rule is for the purpose of the pending action only.  It does not constitute an admission to be used against the Party in any other proceeding.

(Source:  Added at 16 Ill. Reg. 7838, effective June 1, 1992)