Admission of Facts (Form 35)

Rule 47 of the Magistrates Court (Civil Division) Rules 1998 (Tas) lets a party, by written notice, ask another party to admit facts or the authenticity or admissibility of documents (the court publishes Form 34 Notice to Admit Facts for this). The party served may object in writing; if service is proved and no objection is served within 21 days, the contents of the notice are taken to be admitted (r 47(4)). Form 35 is the court's form for a party to admit facts formally. Its wording limits the admission to the current action, preserves any objections to the admissibility of the facts as evidence, and lets the party attach qualifications or limitations to each fact admitted.

When you need it

• You have been served with a notice to admit facts (Form 34) and accept some or all of the facts, perhaps with qualifications.
• You want to admit facts that are not really in dispute so that witnesses and evidence about them are not needed at trial.
• The action is a civil claim or minor civil claim in the Magistrates Court of Tasmania.

1. 1

   Heading

   Enter the court address, phone and fax, the action number, and the claimant and defendant as they appear on the claim.

2. 2

   Say who is admitting

   Delete "claimant" or "defendant" in the opening paragraph and the proviso so the form names the party making the admission.

3. 3

   List the facts admitted

   In the left column, write each fact as a numbered statement beginning "That ...". Keep each fact short and precise, and use the same wording as the notice to admit where you accept it.

4. 4

   Add any qualification

   In the right column, next to the matching number, state any qualification or limitation subject to which the fact is admitted. Leave it blank if the admission is unqualified.

5. 5

   Date, sign and give an address for service

   The party or their solicitor dates and signs the form and completes the "Filed by" block with the address for service, phone, fax, DX and contact name.

• Give the admission to the party who asked for it and to any other parties. The form has a "Filed by" block, so it can also be filed at the registry where the action is being conducted.
• If you object to any fact in a notice to admit rather than admit it, the objection must be in writing and be filed and served on the party requesting the admission within 21 days after service of the notice, or the facts are taken to be admitted (r 47(3)-(4)).
• The court website lists no separate fee for this form; check the fees page if you are unsure.

• Read each fact carefully before admitting it. An admission made with this form is limited to the current action, but within the action it removes the need for the other side to prove that fact.
• The Court can order a party whose objection to a notice to admit is unreasonable to bear the relevant costs (r 47(5)), so admit what you cannot sensibly dispute.
• At trial the Court may still admit evidence contrary to an admission made under rule 47 (r 47(6)).