Admissions Deemed Admitted In Texas
Rule 169 of the Texas Rules of Civil Procedure provides for the negation of the effect of deemed admissions. It requires that "any matter admitted under this rule is conclusively established as to the party making the admission unless the court on motion permits the withdrawal or amendment of the admission." TEX. R. CIV. P. 169(2) (former rule).
The duty to supplement applies to a party who has responded to discovery. See TEX. R. CIV. P. 166b(6) (former rule).
For example, this order would have relieved a party of the duty to supplement a denial if, as a result of information obtained after the denial, the party knew the denial was incorrect or incomplete when made or was no longer true and complete or was misleading. See id.
But appellant could not negate the deemed admissions by simply supplementing. See TEX. R. CIV. P. 169 (former rule).
Rule 169 provides that unanswered requests for admissions are automatically admitted without any action on the part of the court, counsel, or personal representative and does not provide an exception for requests to minors. See TEX. R. CIV. P. 169 (former rules).
Even though a next friend or attorney ad litem cannot make admissions in answers binding on a minor, see Watson v. Glenn, 82 S.W.2d 704, 705 (Tex. Civ. App.-Austin 1935, no writ), nothing in rule 169 or any other rule exempts minors from procedural rules and sanctions.