Karp v. University of North Carolina

ARNOLD, Judge.

The issue dispositive of this appeal is whether it was error to refuse to admit into evidence the defendant’s answers to the interrogatories. We hold that it was error, and remand the case for further proceedings.

Rule 33(b) of the Rules of Civil Procedure in pertinent part provides: “Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence.” Statements of a party to an action, spoken or written, have long been admissible against that party as an admission if it is relevant…