Mundt v. Olson

Smith, Judge.

This appeal arises from the grant of a motion for summary judgment. The trial court granted the motion because appellant’s pro se responses to certain requests for admission were unsworn. We reverse.

Recognizing that the Civil Practice Act does not require responses to requests for admission to be made under oath (see Cable Masters, Inc. v. Shaw, 151 Ga. App. 153 (259 SE2d 157) (1979)), appellee asserts that the summary judgment is nonetheless proper since appellant failed to file a copy of his responses with the trial court as required by CPA § 5(d) (Code Ann. § 81A-105 (d)).

Timel…