Superior Court Rules Table of Contents
53. The signatures and indorsements of all written
instruments declared on will be considered as admitted unless the defendant
shall file a notice within thirty days after the return day at which the writ is
entered that they are disputed.
54. Any party, desiring to obtain admission of the signature
on or the genuineness of any relevant document or of any relevant facts which he
believes not to be in dispute, may, after the return day of the action without
leave of Court, file an original request therefor with the Clerk, accompanied by
any original documents involved, and deliver a copy of such request and
documents by mail or in hand to the adverse party or his attorney. Each of the
matters, of which an admission is requested, shall be deemed admitted unless
within thirty days after such delivery the party requested files with the Clerk
and delivers a copy thereof by mail or in hand to the party requesting such
admission, or his attorney, either a sworn denial thereof or a written objection
on the ground of privilege or that it is otherwise improper.
If objection is made to part of a request, the remainder
shall be answered within the time limit, and when good faith requires that a
party qualify his answer or deny only part of a matter, he shall specify so much
of it as is true and qualify or deny the remainder.
Any party, who without good reason or in bad faith, denies
under this rule or Rule 53 any signature or fact which has been requested and
which is thereafter proved, or who without good reason or in bad faith requests
such admission under this rule and thereafter fails to prove it, may, on motion
of the other party, be ordered to pay the reasonable expense, including counsel
fees, incurred by such other party in proving the signature or fact or in
denying the request, as the case may be.