What that rule is basically saying is - that the court upon your motion may allow for the amendment or withdrawal (even allow you to file out of time) of admissions when the judge thinks there is good cause to do so.
Generally, you have to file a motion to ask the court what you want them to do as to your "admissions".
In your case - allow you to file your answers/responses out of time.
"merits" in law means - This word is used principally in matters of defense of civil actions
. A defense upon the merits, is one that rests upon the justice of the cause, and not upon technical grounds only (that time restraints within which to file your pleadings by is just a technicality) ; there is, therefore, a difference between a good defense, which may be technical or not, and a defense on the merits.
Everyone realizes in the legal profession that an attorney can keep the other side bottled up for years with litigation
- motions, pleadings, discovery requests, depositions, etc.
That is the technical procedural process of the law and litigation.
That just because you didn't file your responses (answers and objections) to their requests for admissions on time you are thereby "prejudiced" when you have a "meritorious" defense.
Prejudiced - disadvantaged, unjust, unfair, inequitable
Merits - the actual and intrinsic rights and wrongs of an issue, esp in a law case, as distinct from extraneous matters and technicalities
Every time a judge makes a ruling - someone is prejudiced thereby.
However, it would be "unjust" in inequitable and place you at a disadvantage not to be able to file your responses to the requests for admissions out of time - although the opposition may be prejudiced it's not unjust or inequitable for the judge to allow you to do such especially when you have a meritorious cause of action.
It's a tough argument - that basically you have to argue to the court that you have a defense to the plaintiff cause of action and if not allowed to file your responses to their requests for admissions upon a mere technicality - it's unjust and patently unfair.
So you have to explain in your motion why you didn't file your responses on time (giving a good reason - merely forgot isn't good enough - you must have been under a false impression or someone was in the hospital or something).
Then you have to attach your responses to the request for admissions to the motion as an exhibit for the judge to be able to view them.
Then you can point to some of your responses to the requests for admission while arguing before the judge giving examples of what your meritorious defense is to the plaintiff's action.
It's not an easy endeavor to do all this and make the argument. What's in your favor is that you're pro se
- judges usually bend over backwards for pro se litigants.
So that's it in a nutshell.
Please ask for "Law Pro" if you have any further future questions!
Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.