Authenticity Of Documents
Are you curious about what “notice to admit documents” means? In the British Columbia courts, the form for notice to admit is form 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.
Notice To Admit | Deemed To Be Proved At Trial
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The form 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.
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 chambers application.
Notice To Admit Documents
The party that serves the notice to admit must attach the documents when send it 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 person that is liable wants to delay ever going into a trial. Obviously someone who is owed money wants to go into 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