What must a party do if they wish to withdraw an admission according to Rule 17.3?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

A party wishing to withdraw an admission under Rule 17.3 must indeed seek the court's permission. This requirement is in place to ensure that the judicial process remains orderly and that withdrawing an admission does not cause undue prejudice to the other party or disrupt the proceedings. The court will consider the reasons for the withdrawal, the timing, and whether it aligns with the principles of justice, such as fairness and the efficient conduct of the trial.

The necessity for obtaining court permission reflects the importance of judicial control over the admission process. It prevents a party from simply withdraw an admission at will, which could lead to delays and complications in the case. Therefore, seeking the court's permission is a procedural safeguard designed to maintain the integrity of the legal process.

Other options do not align with the requirements of Rule 17.3 in the context of withdrawing an admission. For example, while notifying the other party in writing might be a good practice, it doesn't fulfill the necessary legal step of seeking the court's permission. Similarly, filing an official motion might be part of the process but isn’t specifically mandated by Rule 17.3 as the first step to take. Lastly, proving the original admission was false does not apply, as withdrawing an admission does not necess

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy