An admission may be withdrawn or amended only how?

Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

An admission may be withdrawn or amended only how?

Explanation:
In North Carolina, an admission obtained through a request for admission is binding, but you may withdraw or amend it only with a court’s permission obtained by filing a motion. Rule 36 provides that a matter admitted is conclusively established unless the court, on motion, permits withdrawal or amendment. The court weighs fairness and prejudice to the other side, so withdrawal or amendment is a matter for judicial decision rather than something you can do just by consent or by filing a different pleading. This is the mechanism that protects accuracy while preserving fairness in the record.

In North Carolina, an admission obtained through a request for admission is binding, but you may withdraw or amend it only with a court’s permission obtained by filing a motion. Rule 36 provides that a matter admitted is conclusively established unless the court, on motion, permits withdrawal or amendment. The court weighs fairness and prejudice to the other side, so withdrawal or amendment is a matter for judicial decision rather than something you can do just by consent or by filing a different pleading. This is the mechanism that protects accuracy while preserving fairness in the record.

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