N268 Notice to Prove Documents at Trial

Disclosure is the process by which each party to a claim must let the other party know of any documents on which he intends to rely, together with any documents which adversely affect his own case or support the other party’s case.

The rules of the Court require the disclosing party to keep a record of his search, and to record all relevant documents, together with a description of those documents using this form to certify that he has complied with his disclosure obligations. The other party is entitled to inspect any of the documents that are disclosed

For the purposes of disclosure a “document” means anything in which any information of any sort is recorded – this can include emails, text message, and recordings of ‘phonecalls.

 

When any party to a claim wants to rely on any kind of documentary evidence at trial, he must disclose this intention to the other party and must ensure that the other party receives a photocopy of the document.

The other party is assumed by the court to accept and admit the authenticity of any document which is disclosed in this way.  However, in certain cases the other party may believe that a document has been tampered with or falsified, and will want the party relying on a document to prove its authenticity at trial. If this is the case, he must serve notice on the party relying on the document using this form.

To be effective, notice must be served in accordance with court rules and to strict time limits.