Any matter admitted under Rule 36 is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. An admission made by a party under Rule 36 is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding.
Rule 36.02.Effect of admission.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 36.02 makes any matter admitted under Rule 36 conclusively established for that action unless the court permits withdrawal or amendment on motion, and confirms the admission binds the party only in the pending case, not in any other proceeding.
Full Text of Rule 36.02
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
Once a party admits a matter under Rule 36, that admission is conclusive for the case, it can be treated as settled fact and used against that party going forward. The only way out is a court order permitting withdrawal or amendment, granted on motion.
The court weighs two things before allowing a change: whether letting the party withdraw or amend the admission would help the case reach a fair resolution on the merits, and whether the party who obtained the admission can show that the change would unfairly prejudice its ability to prove or defend the case. This decision also has to account for Rule 16's rules on amending a pretrial order.
An admission's reach stops at the courthouse door for that case: it's for purposes of the pending action only. It is not treated as an admission by that party for any other purpose, and it cannot be used against that party in any other proceeding.
Frequently Asked Questions
Can I take back an admission I made in a Kentucky lawsuit?
Only with the court's permission. You must move to withdraw or amend the admission, and the court will consider whether doing so serves a fair resolution of the case on the merits and whether it would prejudice the other party's ability to prove or defend its case.
Can my admission in this case be used against me in a different lawsuit?
No. Under Rule 36.02, an admission made under Rule 36 is for the purpose of the pending action only and is not an admission by that party for any other purpose, nor can it be used against them in any other proceeding.
How final is an admitted request for admission?
It is conclusively established in the case unless the court, on motion, permits withdrawal or amendment.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 36.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: withdrawing an admission KentuckyCR 36.02effect of admitted facts lawsuitamending a request for admission responseconclusively established admission