1. (a) Scope and form.

   1. (1) A party may serve upon any other party a written request for admission of the truth of any matters within the scope of 23 CAR § 462-502 or set forth in the request that relate to statements, representations, or opinions of fact, or the application of law to fact, including the genuineness of any documents described in the request.

   2. (2) Copies of documents referred to in the request shall be served with the request unless they have been or are otherwise:

      1. (A) Furnished; or
      2. (B) Made available for inspection and copying.
   3. (3) Each matter of which an admission is requested shall be separately set forth.
   4. (4) If objection is made, the reasons therefore shall be stated.
   5. (5) The party answering the requests for admission shall repeat each request immediately before the answer or objection.

   6. (6) The answer shall:

      1. (A) Specifically admit or deny the matter; or
      2. (B) Set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.

   7. (7) A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his or her answer or deny only a part of the matter of which an admission is requested, the party shall:

      1. (A) Specify so much of it as is true; and
      2. (B) Qualify or deny the remainder.

   8. (8) An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he or she states:

      1. (A) He or she has made reasonable inquiry; and
      2. (B) That the information known or readily available to him or her is insufficient to enable him or her to admit or deny.
   9. (9) Requests for admission and responses to requests for admission shall be filed.
2. (b) Failure to respond. A matter is admitted unless the party to whom the request is directed timely files and serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or the party's attorney.

3. (c) Sufficiency of answer or objection.

   1. (1) The party who has requested the admissions may file a motion requesting that the Arkansas Public Service Commission determine the sufficiency of the answers or objections.

   2. (2) In response to such a motion, the Arkansas Public Service Commission may, consistent with the public interest and without limitation:

      1. (A) Determine that the answer is sufficient;
      2. (B) Determine that the answer does not comply with the requirements of this section and either that:

4. (i) The matter is admitted; or

   1. (ii) An amended answer be served;

      1. (C) Determine that the objection is justified;
      2. (D) Determine that the objection is not justified and order that an answer be served; or

      3. (E) Take any other action it deems appropriate.

         1. (d) Effect of admission. Any matter admitted under this section is deemed conclusively established.

Codification Notes: This section was promulgated as Rule 5.11 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.