Circuit Court Rules

ORDER 31

ADMISSIONS

1. Any party may call upon any other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is certified by the Judge to have been a saving of expense.

2. Any party may, by notice in writing, at any time not later than 10 days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within seven days after service of such notice, or within such further time as may be allowed by the Judge, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Judge certifies that the refusal to admit was reasonable, or unless the Judge shall at any time otherwise order or direct. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice. Provided also that the Judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just; and provided further that all such costs and expenses as in the opinion of the Judge have been caused by the omission of any party to serve such notice as aforesaid shall, whatever the result of the cause, matter, or issue may be, unless the Judge shall otherwise order, be paid by the party omitting to serve such notice.

3. Any admissions, if not made during the hearing, shall be in writing, and shall be signed by the party making the same, or by his solicitor.

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