North Carolina Rules Of Civil Procedure (NCGS Section 1A-1) Practice Test

An admission may be withdrawn or amended only how?

By court on motion By the opposing party's consent By filing a new answer By a new request for admission

Correct Answer:

By court on motion

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.

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