LATE REQUEST TO ADMIT

Saw an recent opinion out of the Second Appellate District the other day regarding the late filing of a response to a Request to Admit. In Robbins v. Allstate the plaintiff sued Allstate for failing to pay for fire damages to his home. Allstate defended the case, saying that the plaintiff had torched the place. Defendant had issued a Request to Admit to the plaintiff two months after his lawyer had withdrawn from the case - the plaintiff was acting as his own attorney. The requests were all directed the to the plaintiff being directly involved in the fire. Plaintiff actually answered the requests within 28 days, but the responses were contradictory. And, he didn't swear to them, as required by Rule 216. The defense moved for summary judgement, arguing that the responses were not proper, and as a result, the Requests were all admitted. On appeal, the plaintiff appealed to the discretion afforded the trial court to deviate from the 28 day response timeframe. The Appellate Court ruled however, that in order for the trial court to exercise its discretion, the plaintiff must show good cause. And the Appellate Court decided that the plaintiff had failed to show good cause for an extension of the deadline. The Court further noted that "...while we sympathize withe the plaintiff's position, the fact that he was acting pro se at the time provided no basis for the trial court to exercise its discretion...". Tough result. Bottom line - answer those Rule 216 Requests to Admit and have them sworn within 28 days.