notice to admit facts

A notice to admit facts is a formal court document which makes available a little used procedural device in English litigation to request admissions on the part of opposing litigants. Such requests are made to advert the need for formal evidence and proof at the trial. Use of notices to admit facts saves the court's time at the trial as admissions generally narrow the issues to be proved by formal evidence, reduces delays and tend to save costs. Notices are of most use to obtain admissions in respect to matters which are not really in dispute between the parties, rather than issues which are genuinely in dispute.

The utility of such notices are that if the opponent does not admit the facts requested, and those facts are subsequently proved at the trial, the costs referable to proof will probably not be recoverable by the party failing to give the admission. Even if the party issuing the notice is not successful at trial, the successful party the court has a discretion to disallow recovery of all of the costs of the litigation by the successful party.

Admissions procured may only be used in the litigation in which the notices were issued, and may only be relied upon by the party issuing the notice to admit facts, although other parties to the litigation may also make the same requests for admissions.

Usage: The claimant served the notice to admit facts upon the second defendant.

Related Words: pleadings; statement of case; request for further information and clarification; witness statement.