This rule has not been amended. |
ORDER 24 : 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; 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 Court 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 a notice is, in the opinion of the Court or Registrar, a saving of expence.
3. A notice to admit documents shall be given in duplicate in Form 18, and the admission thereunder shall be endorsed on the notice after the manner provided in the footnote to that Form.
4. Any party may, by notice in writing, at any time not later than ten days before the day for which the trial has been fixed, call on any opposite 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 eight days after service of such notice, or within such further time as may be allowed by the Court or a Judge, the costs of proving such fact shall be paid by the party so neglecting or refusing, whatever the results of the cause, matter, or issue may be, unless at the trial or hearing the Court or a Judge shall certify that the refusal to admit was reasonable, or unless the Court or a 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 purpose 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 Court or a Judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just.
5. A notice to admit facts shall be in Form 19, and admission of facts shall be in Form 20.
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 or a Judge for such judgment 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 or a Judge may upon such application make such order, or give such judgment, as the Court or Judge may think just.
7. Any admission made in pursuance of any notice to admit documents or facts may be signed by the party's advocate but if signed by the party himself, it shall be signed before a Registrar, who shall certify the party's signature; and the advocate's signature, or the Registrar's certificate, shall be sufficient evidence of such admission. Either a duplicate or an office copy of the admission shall be filed.
8. Notice to produce documents shall be in Form 21 and shall be served through the Court.
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.