4:23-3. Expenses on Failure to Admit

If a party fails to admit the genuineness of any document or the truth of any matter as requested under R. 4:22, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, that party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that

(a) The request was held objectionable pursuant to R. 4:22-1, or

(b) The admission sought was of no substantial importance, or

(c) The party failing to admit had reasonable ground for not making the admission.

Note: Source-R.R. 4:27-3. Former rule deleted and new R. 4:23-3 adopted July 14, 1972 to be effective September 5, 1972; introductory paragraph amended July 13, 1994 to be effective September 1, 1994.