C-25 - Code of Civil Procedure

Section 403 Disposition versions

1995-10-01

403. After the filing of the defence, a party may, by notice in writing, call upon the opposite party to admit the genuineness or correctness of an exhibit. A copy of the exhibit must be attached to the notice, except where the exhibit has already been communicated or in the case of real evidence; in the case of real evidence, the exhibit shall be put at the disposal of the opposite party.

The genuineness or correctness of the exhibit is deemed admitted unless, within 10 days or such time as the judge may fix, the party called upon to admit its genuineness or correctness serves on the other party a sworn statement denying that the exhibit is genuine or correct, or specifying the reasons why he cannot so admit. However, if the ends of justice so require, the court may, before judgment is rendered, relieve the party of his default.

The unjustified refusal to admit the genuineness or correctness of an exhibit may result in a condemnation to the costs resulting therefrom.

1965 (1st sess.), c. 80, a. 403; 1992, c. 57, s. 269; 1994, c. 28, s. 26.

1994-01-01

403. After defence filed, a party may, by notice in writing, call upon the opposite party to admit the genuineness or the correctness of any document, plan or photograph or other material thing produced as evidence; a copy thereof must be attached to the notice, if it is not already in the record; in the case of evidence other than a document, the object must be made available to the opposite party.

The genuineness or correctness of the material thing produced as evidence is deemed admitted unless, within 10 days or such time as the judge may fix, the party called upon to admit its genuineness or correctness serves upon the other party a sworn statement denying that the thing is genuine or correct, or specifying the reasons why he cannot so admit. However, if the ends of justice so require, the court may, before judgment is rendered, relieve the party of his default.

The unjustified refusal to admit the genuineness or correctness of a document, plan or photograph may result in a condemnation to the costs resulting therefrom.

1965 (1st sess.), c. 80, a. 403; 1992, c. 57, s. 269.

1977-12-31

403. After defence filed, a party may, by notice in writing, call upon the opposite party to admit the genuineness or the correctness of any document, plan or photograph; a copy thereof must be attached to the notice, if it is not already in the record.

The genuineness or correctness of the document, plan or photograph shall be deemed admitted unless, within ten days or such other delay as the judge may fix, the party put in default serves upon the other a sworn statement either denying that the document, plan or photograph is genuine or correct, or setting forth the reasons why he cannot so admit.

The unjustified refusal to admit the genuineness or correctness of a document, plan or photograph may result in a condemnation to the costs resulting therefrom.

1965 (1st sess.), c. 80, a. 403.