District Court Rules

ORDER 45D

ADMISSIONS

1 Admission of documents

1. (1) Any party may, by written notice (Form 45D.01, Schedule C), call on any other party to admit the authenticity of any document. An admission may be in the Form 45D.02, Schedule C.

(2) Where a party refuses or neglects to admit a document, after written notice to admit has been served, the costs of proving the document must be paid by the party who has neglected or refused to admit, regardless of the result, unless at the trial or hearing the Court certifies that the refusal to admit was reasonable.

(3) No costs of proving a document may be allowed unless:

(a) the party seeking to prove the document served notice to admit; or

(b) the Court certifies that the omission to serve notice to admit was a saving of expense.

2 Admission of facts

2. (1) Any party may, by written notice (Form 45D.03, Schedule C), at any time not later than ten days before the date fixed for the trial, call on any other party to admit, for the purposes of the trial only, any specific fact mentioned in the notice. An admission may be in the Form 45D.04, Schedule C.

(2) Where a party refuses or neglects to admit a fact within seven days after written notice to admit has been served, or within such further time as is allowed by the Court, the costs of proving the fact must be paid by the party who has neglected or refused to admit, regardless of the result, unless at the trial or hearing the Court certifies that the refusal to admit was reasonable, or unless the Court at any time otherwise orders or directs.

(3) Any admission made in response to a notice under this rule must be taken to be made only for the purposes of the particular civil proceedings, and not as an admission that may be used against the party on any other occasion or in favour of any person other than the party giving the notice.

(4) The Court may at any time allow any party to amend or withdraw any admission made under this rule on such terms as the Court considers just.

(5) Unless the Court orders otherwise, all costs and expenses as in the opinion of the Court have been caused by the failure of a party to serve a notice to admit documents or a notice to admit facts must, regardless of the result, be paid by the party who failed to serve the notice.

3 Admissions in writing

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

[SI 17/14]

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