Civil Procedure Rules of Nova Scotia  
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Part 5 - Disclosure and Discovery

Rule 20 - Admission

Scope of Rule 20
20.01 (1) This Rule provides a process for obtaining an admission during a proceeding.
  (2) This Rule does not affect the rules of evidence concerning admissions.
       
Making admission
20.02 (1) A party may admit to any material fact.
  (2) The admission may be made in pleadings, by other writing, orally, at a discovery, or by formal admission under this Rule.
  (3) A party may withdraw an admission made during a proceeding, if the parties agree or a judge permits.
       
Requesting admission
20.03 (1) A party may, at anytime before the finish date in an action or the day of the hearing of an application, request another party to admit a relevant fact, in accordance with this Rule 20, and do one of the following:
   
(a)
rely on the admission, if it is expressly given;
   
(b)
obtain the admission under Rule 20.05, if it is not expressly denied;
   
(c)
take advantage of the cost consequences in Rule 20.06, if the admission is unreasonably denied.
  (2) The request for an admission must contain the standard heading, be entitled “Request for Admission”, be dated and signed, and include all of the following information:
   
(a)
the name of the party requested to make an admission;
   
(b)
a statement that the party requests an admission, followed by a statement of the fact requested to be admitted;
   
(c)
a statement that the party to whom the request is addressed must respond to the request no more than fifteen days after the day the request is delivered to the party or the admission will be taken to have been made.
  (3) A request for admission may be made in Form 20.03.
       
Response to request for admission
20.04 (1) A party to whom a request for admission is delivered must provide a response no more than fifteen days after the day the request is delivered.
  (2) The response must contain the standard heading, be entitled “Response to Request for Admission”, be signed by the party requested to make an admission or their counsel, and include both of the following:
   
(a)
the facts the party admits as requested;
   
(b)
requested admissions the party does not admit, and the reasons for the refusal.
  (3) A response to request for admission may be in Form 20.04.
       
Presumed admission
20.05   A party who does not expressly admit or deny a requested admission by delivering a response no more than fifteen days after the day the request is delivered is taken to have made the admission.
       
Costs on unreasonable refusal
20.06   A judge may order a party who unreasonably refuses to admit a requested admission to indemnify the party who made the request for the expense of proving the material fact.
       
Judgment on admission of fact
20.07   An admission may be proved at trial or hearing, and on a motion to which the admission is relevant.
       

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