If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that (a) the request was held objectionable pursuant to Rule 36.01, or (b) the admission sought was of no substantial importance, or (c) the party failing to admit had reasonable ground to believe that he might prevail on the matter, or (d) there was other good reason for the failure to admit.
Rule 37.03.Expenses on failure to admit.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 37.03 lets a party who proves a fact or document's genuineness at trial after the other side refused to admit it under Rule 36 recover the reasonable expenses of that proof, including attorney's fees, unless the refusal falls into one of four listed exceptions.
Full Text of Rule 37.03
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
Rule 37.03 penalizes a party who denies a request for admission under Rule 36 and turns out to be wrong. If the requesting party later proves the genuineness of the document or the truth of the matter that was denied, that party can ask the court to order the other side to pay the reasonable expenses — including attorney's fees — spent proving what should have been admitted.
The court must grant that request unless one of four things is true: the request was properly objected to under Rule 36.01, the admission sought wasn't substantially important, the party who denied it had reasonable grounds to believe it might prevail on the matter, or there was some other good reason for the denial. The rule gives a party a reason to think twice before denying a request for admission it cannot back up at trial.
Frequently Asked Questions
What if the other side denies something in a request for admission and I later prove it's true?
Rule 37.03 lets you ask the court for an order requiring the other party to pay the reasonable expenses, including attorney's fees, you spent proving the genuineness of the document or the truth of the matter.
Can the other party be excused from paying if they had reasonable grounds to think they would win on the issue?
Yes. Rule 37.03(c) excuses the failure to admit if the party had reasonable ground to believe it might prevail on the matter.
Does it matter if the fact I proved wasn't important to the case?
Yes. Rule 37.03(b) excuses the failure to admit if the admission sought was of no substantial importance.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 37.03). 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: expenses for failure to admitrequest for admission denied wronglyattorney fees for proving denied factRule 36 admission sanctionscost of proving genuineness of document