Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010

Notices to admit

6.  After rule 8.8 (evidence generally) of the Summary Cause Rules, insert—

“Notices to admit and notices of non-admission

8.8A.— (1) At any time after a form of response has been lodged, a party may intimate to any other party a notice or notices calling on him or her to admit for the purposes of that cause only—

(a) such facts relating to an issue averred in the statement of claim or form of response as may be specified in the notice;

(b) that a particular document lodged with the sheriff clerk and specified in the notice is—

(i) an original and properly authenticated document; or

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

(2) Where a party on whom a notice is intimated under paragraph (1)—

(a) does not admit a fact specified in the notice, or

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

he or she must, within 21 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 or her under paragraph (1) stating that he or she does not admit the fact or document specified.

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

(4) The party serving a notice under paragraph (1) or (2) must lodge a copy of it with the sheriff clerk.

(5) A deemed admission under paragraph (3) must not be used—

(a) against the party by whom it was deemed to be made other than in the cause for the purpose for which it was deemed to be made; or

(b) in favour of any person other than the party by whom the notice was given under paragraph (1).

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

(7) A party may, at any time, withdraw in whole or in part a notice of non-admission by intimating a notice of withdrawal.”.