Requiring Evidence
Admissions
Any party to a cause or matter may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.
Notice to Admit
Either party may call upon the other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such documents shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Court shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the Taxing Master, a saving of expense.
Any party may, by notice in writing, at any time not later than nine days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice.
In case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Court, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Court shall certify that the refusal to admit was reasonable, or unless the Court shall at any time otherwise
or direct.
Admission Issues
Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice.
Provided also that the Court may at any time allow any party to amend or withdraw any admission so made on such terms as may be just; and provided further that all such costs and expenses as in the opinion of the Taxing Master or the Court have been caused by the omission of any party to serve such notice as aforesaid shall, whatever the result of the cause, matter, or issue, may be, unless the Court shall otherwise order, be paid by the party omitting to serve such notice.
Judgment on Admissions
Any party may at any stage of a cause or matter, where admissions of fact have been made, either on the pleadings or otherwise apply to the Court for such judgement or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may upon such application make such order, or give such judgement, as the Court may think just.
An affidavit of the solicitor of the due signature of any admissions made in pursuance of any notice to admit documents or facts shall be sufficient evidence of such admissions if evidence thereof be required.
Notice to Produce
Notice to produce documents shall be in the prescribed form. An affidavit of the solicitor, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served.
If a notice to admit or produce comprises documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice.
Compelling Attendance
The Court may, at any stage of proceedings, order the attendance of any person for the purpose of producing any writing or other document named in the order, as the Court shall think fit to be produced. No person shall be compelled to produce under such order any writing or other documents which he could not be compelled to produce at the hearing or trial.
A person who willfully disobeys such an order requiring attendance for the purpose of examination or producing a document is deemed guilty of contempt of Court. A person required to attend for the purpose of being examined, or producing a document, is entitled to the like conduct money and payment for expenses and loss of time as for attendance at a trial in Court.
A party in any cause or matter may by subpoena require the attendance of a witness before an officer of the Court, or other person appointed to take the examination, for the purpose of using his evidence upon any proceeding in the cause or matter in like manner, such witness would be bound to attend and be examined at the hearing or trial. Any party or witness having made an affidavit to be used or which shall be used in any proceeding in the cause or matter shall be bound on being served with such subpoena to attend before such officer or person for cross-examination.
SubPoena
Where it is intended to apply for a subpoena, a prescribed form containing the name and firm of the registered place of business of the solicitor applying shall be delivered and filed at the Central Office. The subpoena is in a prescribed form.
A subpoena other than a subpoena requiring the production of documents may contain up to three names where necessary or required, may contain further names. No more than three persons shall be included in one subpoena requiring the production of documents.
No subpoena for the production of a record in the custody of an officer of State may be produced, without a Court order. Such officer having custody of the record shall not be obliged to remove the same under such order from the depository where held, without such order.
An officer of Court required to attend with any record outside of Dublin, shall be entitled to require that the solicitor or party desiring his attendance, deposit with him sufficient money to answer his fees, charges and expenses, in respect of such attendance, and to undertake to pay such further fees, charges, and expenses which may not be fully met by such deposit.
The service of a subpoena is effected by delivering a copy, indorsed with the name and address of the solicitor or party issuing it, and at the same time producing the original. The service of a subpoena is invalid if not made within twelve weeks after its date.