The court may permit a party to withdraw or amend admissions under circumstances described in Tex. R. Civ. P. 198.3.
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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Withdraw or Amend Admissions
This Motion to Withdraw or Amend Admissions is brought by [name of movant], [party designation]. On or about [date], Movant served on [name of other party] responses to the request for admissions propounded to Movant. Movant asks that the Court permit [name of movant] to [withdraw/amend/withdraw or amend] the admissions described below. In support, Movant shows:
1.Good cause exists for the [withdrawal/amendment] of admission[s] number[s] [number[s]] in that [state factual grounds supporting claim of good cause]. [Repeat if requesting withdrawal of some admissions and amendment of others.]
2.[Name of party relying on the responses and deemed admissions] will not be unduly prejudiced, and the presentation of the merits of the action will be subserved by permitting [name of movant] to [withdraw/amend/withdraw or amend] the admissions.
[Name of movant] prays that the Court grant the Motion to Withdraw or Amend Admissions.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Certificate of Conference
I certify that a reasonable effort has been made to resolve the discovery dispute without the necessity of court intervention and has failed.
[Name]
Attorney for [name of movant]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]