Superior Court Rules

ORDER 32

ADMISSIONS

1. Any party to a cause or matter may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.

2. Either party may call upon the other party to admit any document, saving all just exceptions. In case of refusal or neglect to admit, after such notice, the costs of proving any such documents 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 Court certifies that the refusal to admit was reasonable. No costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the Legal Costs Adjudicator, a saving of expense.

[SI 584/19]

3. A notice to admit documents shall be in the Form No 13 in Appendix C.

4. Any party may, by notice in writing, at any time not later than nine 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. In case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as is allowed by the Court, 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 Court certifies that the refusal to admit was reasonable, or unless the Court at any time otherwise orders or directs. Any admission made pursuant to 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. The Court may at any time allow any party to amend or withdraw any admission so made on such terms as the Court considers just. All such costs and expenses as in the opinion of the Legal Costs Adjudicator or the Court have been caused by the omission of any party to serve such notice shall, whatever the result of the cause, matter, or issue, may be, unless the Court otherwise orders, be paid by the party omitting to serve such notice.

[SI 584/19]

5. A notice to admit facts shall be in the Form No 14 in Appendix C and admissions of facts shall be in the Form No 15 in Appendix C.

6. Any party may at any stage of a cause or matter, where admissions of fact have been made, either on the pleadings or otherwise apply to the court for such judgement or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the court may upon such application make such order, or give such judgement, as the court may think just.

7. An affidavit of the solicitor of the due signature of any admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidence of such admissions, if evidence thereof be required.

8. Notice to produce documents shall be in the Form No 16 in Appendix C. An affidavit of the solicitor, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served.

9. If a notice to admit or produce comprises documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice.

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