Notice to Admit Documents (Form 33)

Rule 47(1)(b) of the Magistrates Court (Civil Division) Rules 1998 (Tas) lets a party, by written notice to another party, ask them to admit the authenticity or admissibility of documents specified in the notice. The party served may object (r 47(2)), and an objection must be in writing and filed and served on the party asking for the admission (r 47(3)). If service of the notice is proved and no objection is served within 21 days after service, the contents of the notice are taken to be admitted (r 47(4)). Form 33 is the court's notice for documents. It lists originals and copies, offers inspection, and asks the other side to admit that originals were signed or executed as they appear, that copies are true copies, and that documents said to have been served, sent or delivered were. The printed form still refers to 'rule 44'; the current rule on admissions is rule 47.

When you need it

• You intend to rely on documents at trial and want to avoid calling witnesses just to prove they are genuine.
• You want the other side to accept that copies (emails, invoices, contracts) are true copies of the originals.
• You need to establish that a letter, notice or invoice was served, sent or delivered when and how you say.

1. 1

   Heading

   Enter the registry, its address, the action number and the claimant and defendant.

2. 2

   Who gives notice to whom

   Delete 'claimant' or 'defendant' so the notice shows which party is proposing to use the documents and which party must respond.

3. 3

   Inspection details

   State where the documents can be inspected, the date, and the hours between which inspection is available.

4. 4

   Originals

   List each original document with a description and its date, numbered.

5. 5

   Copies

   List each copy with a description and date and, where relevant, when, how and by whom the original or duplicate was served, sent or delivered.

6. 6

   Date, sign and footer

   Date and sign the notice and complete the 'filed by' footer with your address for service.

• Serve the notice on the other party. It is not an originating process, so rule 40(3) methods are available, such as ordinary prepaid post to the party's address for service, document exchange, EDX or fax, as well as personal service.
• The deemed admission depends on service being proved (r 47(4)(a)), and service is proved by affidavit (r 43). Make an affidavit of service (Form 3) and keep it ready.
• The other party has 21 days after service to object in writing, filing the objection and serving it on you (r 47(3)-(4)).
• Ask the registry whether it wants the notice filed in your case; rule 47 itself refers to a notice in writing to the other party.

• Serve the notice well before trial so the 21 days run out in time to plan your evidence.
• Make the inspection arrangements genuine and workable; the other side is entitled to look at the documents before deciding.
• An admission does not bind the Court at trial: it may still admit evidence contrary to an admission made under rule 47 (r 47(6)).
• If the other side objects unreasonably, the Court is to order them to bear the relevant costs (r 47(5)).