Notice to Admit Facts (Form 34)

Rule 47(1)(a) of the Magistrates Court (Civil Division) Rules 1998 (Tas) lets a party, by written notice to any other party, ask them to admit facts specified in the notice. The party served may object to any fact (r 47(2)); the 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 34 is the court's notice for facts. It asks the other party to admit the facts for the purposes of the action only, saving all just exceptions to their admissibility. A party who agrees can answer with an Admission of Facts (Form 35), which allows qualifications to each fact.

When you need it

• There are facts you think are not really in dispute (dates, amounts, who did what) and you want to narrow what has to be proved at trial.
• You want to save the cost of calling a witness to prove a simple fact.
• You are preparing for trial and want a clear list of what is agreed.

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' in each place so the notice shows who requires the admission and who must respond.

3. 3

   Date and sign

   Date and sign the notice.

4. 4

   List the facts

   Set out each fact on its own line, starting 'That ...'. Keep each one short, specific and limited to a single point so it can be admitted or objected to on its own.

5. 5

   Filing footer

   Complete who filed it and the address for service, phone, fax, DX and contact.

• Serve the notice on the party you want the admission from. Rule 40(3) allows ordinary prepaid post to the address for service, document exchange, EDX or fax, as well as personal service.
• Keep proof: a deemed admission under rule 47(4) depends on service being proved, which is done by affidavit (r 43). A posted document is taken to be served 2 business days after posting (r 41(1)(c)).
• The other party has 21 days after service to file and serve a written objection (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.

• Facts framed as argument or conclusions ('That the defendant was negligent') invite objection. Plain, checkable facts are more likely to be admitted.
• The Court is to order a party whose objection it considers unreasonable to bear the relevant costs (r 47(5)).
• At trial the Court may still admit evidence contrary to an admission made under rule 47 (r 47(6)).
• For evidence of a formal nature from a witness, rule 106 provides a separate notice that must be filed and served at least 14 days before trial.