UNIFORM CIVIL PROCEDURE RULES 2005 - REG 17.5 Admission of documents discovered

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 17.5

17.5 Admission of documents discovered

(cf SCR Part 18, rule 4; DCR Part 15, rule 4)

(1) In this rule--


"admitting party" means the party on whom a list of documents is served under rule 21.3.


"requesting party" means the party by whom a list of documents is served under rule 21.3.

(2) If a requesting party allows inspection of any documents referred to in a list of documents under rule 21.5, the admitting party is taken to have made the following admissions in favour of the requesting party, unless the court orders otherwise--

(a) in respect of each document described in the list as an original document, that the document is an original document and was printed, written, signed or executed as it purports to have been,

(b) in respect of each document described in the list as a copy of an original document, that the document is a true copy.

(3) Subrule (2) does not apply to a document referred to in the list of documents if the admitting party--

(a) has, by his or her pleading, denied the authenticity of the document, or

(b) has served on the requesting party, within 14 days after the time limited under rule 21.5 for inspection of a document, a notice to the effect that the admitting party disputes the authenticity of the document.

(4) The admitting party and the requesting party are taken to be in the same position as they would have been in had the admitting party, on the date of service of the list of documents, served on the requesting party a notice requiring production at the trial of such of the documents specified in the list as are in the possession of the requesting party.