A request to admit can relate to facts, the authenticity of documents or both. A response is required within 20 days. This is a great way to obtain admissions to help a case or bolster costs arguments if the request is denied in whole or in part.
Seeking admissions to facts can be fun as there are a number of strategies to employ. The other side is not going to admit the entire case, so it is advisable to consider requests to admit facts that will save time and money at trial, for example facts with reduce the number of witnesses or documents. Requesting to admit calculations or other potentially tedious areas of evidence can speed things up at trial that would otherwise be frustrating to work through in Court.
A request to admit a document is to ask that authenticity be acknowledged. The request should indicate if it relates to an original document or copy of a document as the definition of “authenticity” hinges on whether you are dealing with an original or copy.
By admitting authenticity, one is admitting that:
- An original document was printed, written, signed or executed as it purports to have been;
- A copy of a document is a true copy of the original; and
- A copy of a letter or email was sent as it purports to have been sent and received by the person to whom it is addressed.
A request to admit a document does not rise to the level of acknowledging the truth of the contents of the document.
Generally a copy of any document that one seeks to have admitted as authentic should be included, to ensure clarity in the request.
A response is due within 20 days or else all is deemed admitted. It is a good idea to explain the refusal to admit where possible as the reasonableness of the refusal may be an issue for costs.
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