If an allegation cannot be admitted or denied, what should the defence state?

If an allegation cannot be admitted or denied, what should the defence state?

• A. They cannot admit or deny and require the claimant to prove
• B. They should deny it anyway
• C. They should admit it
• D. They should ignore it

Answer: (A)

When handling an allegation in a civil pleading, the defendant should not guess or assume if they cannot confidently admit or deny. The correct approach is to neither admit nor deny and require the claimant to prove the statement. This preserves the burden of proof with the claimant and ensures the case proceeds on proper evidence. It avoids unintentionally conceding or rejecting the point without sufficient information, and invites the court to decide based on the evidence at trial.

When handling an allegation in a civil pleading, the defendant should not guess or assume if they cannot confidently admit or deny. The correct approach is to neither admit nor deny and require the claimant to prove the statement. This preserves the burden of proof with the claimant and ensures the case proceeds on proper evidence. It avoids unintentionally conceding or rejecting the point without sufficient information, and invites the court to decide based on the evidence at trial.