Supreme Court Rules 2000

Subject to subrules (2) and (3) and any order to the contrary, a party on whom a list of documents is served is taken to admit – that a document described in the list as an original document is an original and was printed, written, signed or executed as it purports to have been; and that a document described as a copy is a true copy.

Subrule (1) does not apply to a document the authenticity of which has been denied in a pleading by a party on whom a list of documents is served.

Subrule (1) does not apply to a document if, before the party has signed a certificate or joint letter of readiness or the proceeding has been set down for trial, whichever occurs first, the party on whom the list is served serves on the party whose list it is a notice stating that the authenticity of the document is not admitted and is required to be proved at the trial.

Subrule (1) does not affect a party's right to object to the admission in evidence of a document.

A party who serves a list of documents on any other party or who has under rule 544 or 545 signed a certificate of readiness or joint letter of readiness to which a list of documents is attached is taken to have been served with a notice requiring that party to produce at the trial any document specified in the list that is in his or her possession, custody or power.

This rule applies to an affidavit made in compliance with an order under rule 388 as it does to a list of documents served under this Division.