(1) If an affidavit of discovery is served on a party (the served party ) under the Act and inspection of a document mentioned in the affidavit is allowed to the served party under the Act, then, the prescribed admissions by the served party in favour of the party serving the affidavit have effect unless the Magistrates Court otherwise orders.
(2) For subregulation (1), the prescribed admissions are—
(a) if the document is described in the affidavit as an original document—that the document is an original and was printed, written, signed or executed as it purports to have been; or
(b) if the document is described in the affidavit as a copy—that the document is a true copy.
(3) However, subregulation (1) does not operate as an admission by the served party in relation to the document if the served party—
(a) has, by affidavit, denied the authenticity of the document; or
(b) within 14 days after the time set under the Act for inspection of a document, serves on the party giving inspection a notice that he or she disputes the authenticity of the document.
Note Time is set under regs 74, 77 or 80.
(4) If a party to a proceeding (the 1st party ) serves an affidavit of discovery on another party (the 2nd party ), then, at the hearing of the proceeding, the 1st party has to produce each document mentioned in the affidavit that is in the possession of the 1st party, as if the 2nd party had, on the day of service of the affidavit, served on the 1st party a notice to produce each document mentioned at the hearing of the proceeding.