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Court Procedures Rules
409Pleadings—certain facts need not be pleaded
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409 Pleadings—certain facts need not be pleaded
(1) A party need not plead a fact if—
(a) the law presumes the fact in the party’s favour; or
(b) the burden of proving the fact does not lie with the party.
(2) This rule does not apply if it is necessary to plead the fact—
(a) to comply with rule 406 (Pleadings—statements in); or
(b) to meet a specific denial of the fact pleaded by another party.
Rule 410