Invitation to admit facts (Form 37)

Part 6 of the Magistrates Court (Civil Proceedings) Rules 2005 (WA) deals with admissions. A party that wants another party to admit a particular alleged fact must lodge and serve an invitation to admit in the approved form at least 5 working days before the trial date (r 28(1)). Form 37 is that form. The other party admits facts by lodging and serving a notice of admission in the approved form (r 27), which is Form 38 Admission of facts on the Court's forms page. If a party does not admit a fact when invited, the Court later finds it proven and awards the costs of proving it against that party, those costs are assessed on a party and party basis (r 28(2)).

When you need it

• A fact is not really in dispute but you would otherwise have to call evidence to prove it.
• You want the other side to accept the contents or dates of particular documents, such as invoices or letters.
• Trial is more than 5 working days away (r 28(1)).

1. 1

   Complete the heading

   Enter the registry, case number and the parties as named in the claim.

2. 2

   Identify the parties

   Delete as applicable to show which party invites and which party is invited to admit.

3. 3

   List the facts

   Under 'Facts invited to be admitted', set out each fact as a separate numbered statement beginning 'That'. The form has a column for any qualification or limitation subject to which a fact is admitted.

4. 4

   List facts in documents

   In the second table, state each fact, describe the document it appears in and give the document's date.

5. 5

   Sign and give lodging details

   Date and sign as the claimant, defendant or lawyer, tick who is lodging, and give the address for service and contact details.

• Lodge through eLodgment on the eCourts Portal (r 98C). For a signed document, lodge a .docx copy stating the signatory's name and keep the signed copy (r 98E(3) and (6)).
• Serve a sealed copy on the party invited to admit, and on the other parties (rr 28(1) and 100).
• The deadline is at least 5 working days before the trial date (r 28(1)). Serving it earlier gives the other side time to respond and can shorten the trial.
• The other party responds by lodging and serving a Form 38 Admission of facts (r 27).

• Keep each fact short and specific. A compound or argumentative statement is easier to refuse.
• Admissions under Form 37 are for the purposes of the case only, as the form states.
• An unreasonable refusal can carry a costs consequence (r 28(2)), so the form is useful even if the other side does not admit everything.