Act of Sederunt (Rules of the Court of Session 1994) 1994

Notices to admit and notices of non-admission

55.4.—(1) In a cause under the Act of 1949 or the Act of 1977, at any time after defences or answers have been lodged but not later than such date as has been fixed by the court at a pre-proof hearing, a party may intimate to any other party to the cause a notice or notices calling on him to admit for the purposes of that cause only–

(a) such facts relating to an issue averred in the pleadings as may be specified in the notice;

(b) that a particular document lodged in process and specified in the notice is–

(i) an original and properly authenticated document;

(ii) a true copy of an original and properly authenticated document; or

(iii) correct in the particular respects specified in the notice.

(2) Where a party on whom a notice has been served under paragraph (1)–

(a) does not admit any of the facts specified in the notice, or

(b) does not admit, or seeks to challenge, the authenticity or correctness of any document specified in the notice,

he shall, within 28 days after the date of intimation of the notice under paragraph (1), intimate a notice of non-admission to the party intimating the notice to him under paragraph (1) stating that he does not admit the fact or document specified.

(3) A party who fails to serve a notice of non-admission under paragraph (2) shall be deemed to have admitted the matters specified in the notice intimated to him under paragraph (1); and such matters may be used in evidence at a proof if otherwise admissible in evidence unless the court, on special cause shown, otherwise directs.

(4) A party who fails to intimate a notice of non-admission under paragraph (2) within 28 days after the notice to admit intimated to him under paragraph (1) shall be liable to the party intimating the notice to admit for the expenses of proving the matters specified in that notice unless the court otherwise directs.

(5) The party intimating a notice under paragraph (1) or (2) shall lodge a copy of it in process.

(6) A deemed admission under paragraph (3) shall not be used against the party by whom it was deemed to be made other than in the cause for the purpose of which it was deemed to be made or in favour of any person other than the party by whom the notice was given under paragraph (1).

(7) The court may, at any time, allow a party to amend or withdraw an admission made by him on such conditions, if any, as it thinks fit.