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The County Court Rules 1981

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PART IADMISSIONS

Admission of other party's case

1.  A party to an action 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, and no costs incurred after receipt of the notice in respect of the proof of any matters which the admission renders it unnecessary to prove shall be allowed.

Notice to admit facts

2.—(1) A party to an action or matter may, not later than 14 days before the trial or hearing, serve on any other party a notice requiring him to admit, for the purpose of that action or matter only, such facts, or such part of his case, as may be specified in the notice.

(2) If the party served with a notice to admit facts under paragraph (1) does not deliver a written admission of the facts within 7 days after service of the notice on him, the costs of proving the facts shall be paid by him unless the court otherwise orders.

(3) An admission made in compliance with a notice under paragraph (1) shall not be used against the party by whom it was made in any action or matter other than the one for the purpose of which it was made or in favour of any person other than the one by whom the notice was given and the court may at any time allow a party to amend or withdraw an admission so made by him on such terms as may be just.

Notice to admit or produce documents

3.—(1) Without prejudice to rule 11 and any presumption of law as to the authenticity of a document, a party to an action or matter who desires to adduce any document in evidence may, not later than 14 days before the trial or hearing, serve on any other party a notice requiring him to admit the authenticity of the document.

(2) If the party served with a notice under paragraph (1) desires to challenge the authenticity of the document, he must, within 7 days after service of the notice, serve on the party by whom it was given a notice that he does not admit the authenticity of the document and requires it to be proved at the trial, and in that case the costs of proving the document shall be paid by him unless the court otherwise orders.

(3) A party who fails to give notice of non-admission under paragraph (2) shall be deemed to have admitted the authenticity of the document unless the court otherwise orders.

(4) A party to an action or matter may serve on any other party a notice requiring him to produce the document specified in the notice at the trial or hearing of the action or matter.

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