UNIFORM CIVIL PROCEDURE RULES 2005 - REG 12.6 Withdrawal of matter in defence or subsequent pleading
UNIFORM CIVIL PROCEDURE RULES 2005 - REG 12.6
Withdrawal of matter in defence or subsequent pleading12.6 Withdrawal of matter in defence or subsequent pleading
(cf SCR Part 21, rules 3 and 5; DCR Part 18, rule 2; LCR Part 17, rule 2)
(1) A party raising any matter in a defence or subsequent pleading may withdraw the matter at any time.
(2) Despite subrule (1), a party may not withdraw any admission, or any other matter that operates for the benefit of another party, except with the consent of the other party or by leave of the court.
(3) A withdrawal under this rule is to be made by filing a notice of withdrawal stating the extent of the withdrawal.
(4) If the withdrawal is by consent, the notice under subrule (3) must be accompanied by a notice from each party whose consent is required by subrule (2) to the effect that the party consents to the admission or other matter being withdrawn in accordance with the notice of withdrawal.