How a Notice to Admit Can Help Your Legal Case

Published by:
Abigail Moses

Reviewed by:
Alistair Vigier
Last Modified: 2023-07-22
Are you curious about what “notice to admit documents” means?
In the Canadian legal system, a Notice to Admit is a valuable tool for parties involved in legal proceedings. This legal document allows one party to request that the other party either admit or deny specific facts related to the case, helping to streamline the legal process and clarify key issues.
By using a Notice to Admit, parties can avoid the need for a full trial on issues that are not in dispute. This saves valuable time and resources and allows for a quicker resolution of the legal matter.
It also serves as a means for gathering evidence and building a case, as it forces the other party to clarify their position on certain facts.
Leading up to the legal dispute
The facts presented in a Notice to Admit are usually related to the central issues of the case and can range from basic information about the parties involved to specific details about the events leading up to the legal dispute.
The party issuing the Notice to Admit includes a list of these facts, and the other party has a set amount of time to respond by admitting or denying them.
If the other party fails to respond within the specified timeframe, the facts are considered to be admitted by default. However, if the other party denies any of the facts presented, the party issuing the Notice to Admit can then use the denial as evidence in the case. This helps to establish certain facts and narrow the scope of the legal dispute.
It’s important to note that a Notice to Admit is not a substitute for a full trial or hearing. Instead, it is a valuable tool used to streamline the legal process and clarify certain facts related to the case. By utilizing a Notice to Admit, parties can save time and resources, and ultimately achieve a quicker resolution to their legal matter.
Notice To Admit
According to data from the Canadian Legal Information Institute, Notices to Admit have been increasingly utilized in recent years. In 2015, there were 1,073 reported cases in which a Notice to Admit was issued.
By 2020, this number had increased to 1,769 reported cases. This trend suggests that parties are recognizing the benefits of utilizing a Notice to Admit in legal proceedings.
In some courts, the form for notice to admit is formed at twenty-six. The goal of the form is to get the other side to admit or deny if a document is real or not and to admit facts.
One party may serve the form on the other party. This is a common civil practice strategy that often happens before an examination for discovery.
If the opposing party doesn’t reply within fourteen days, then the courts will assume the authenticity of the documents.
Deemed To Be Proved At Trial
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The firm serves the other party a written request to see if they will admit or deny certain matters. If you have been served with a notice to admit, you should reach out to a business lawyer right away. There are only fourteen days after service to reply.
You will have to make a sworn statement and admit or deny the documents.
Notice To Admit
You must serve your sworn statement to the opposing party when you reply and deny certain documents. It must explain why you are denying that the documents are accurate.
Further, you might say that you cannot discuss the document because it has nothing to do with the case. If you do this, the party that served you will likely file a chamber application.
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Notice To Admit Documents
The party that serves the notice to admit must attach the documents when sending them to the respondent. If the party doesn’t want to admit the documents, a judge can have the costs awarded to the person serving the document. Those costs would be for a third-party investigator to prove or disprove those documents.
Once someone admits or denies the documents, they cannot change their mind at a later time. The main goal of getting someone to admit or deny the documents is that it makes it easier to book a summary trial. Further, it can mean that the dates in court are reduced.
Often when someone is being sued, they want to make the matter as complicated as possible (assuming they are liable.) A liable person wants to delay ever going into a trial.
Obviously, someone who is owed money wants to go to court as soon as possible to get their judgment.
Challenging The Authenticity
When a party has already admitted a document is authentic, it makes it easy to admit the document during a trial. Just because the respondent says the document is real, it doesn’t mean they agree with what was written. Someone can say that the letter they received was real.
However, that doesn’t mean they agree with the words that were in the letter.
In conclusion, reach out to a lawyer for a free consultation today. You can get help with how to do the notice to admit documents. You can also watch our videos about Canadian law which will be helpful.
Author: Alistair Vigier is the CEO of ClearWay Law
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