Mountain View Enterprises, Inc. v. Diversified Systems

Evans, Judge.

This is a tort case. But the question raised in this appeal is limited to the failure of the defendant to file answers to plaintiffs request for admissions within thirty days after service. The answers were not filed within 30 days, nor until a motion for summary judgment had been filed by plaintiff. Defendants then sought to file answers to the request for admissions over objection, 63 days after the date of filing. The trial judge took the motion under advisement, and then denied the motion for summary judgment, holding that plaintiff was not damaged by the delay. Plaintiff…