Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
28.10.(1)This rule applies to a commission—
(a)to take the evidence of a witness who—
(i)is resident beyond the jurisdiction of the court;
(ii)although resident within the jurisdiction of the court, resides at some place remote from that court; or
(iii)by reason of age, infirmity or sickness, is unable to attend the diet of proof; F2. . .
(b)in respect of the evidence of a witness which is in danger of being lost, to take the evidence to lie in retentis [F3; or]
[F4(c)on special cause shown, to take evidence of a witness on a ground other than one mentioned in sub-paragraph (a) or (b)]
(2)An application by a party for a commission to examine a witness shall be made by motion; and that party shall specify in the motion the name and address of at least one proposed commissioner for approval and appointment by the sheriff.
[F5(2A)A motion under paragraph (2) may include an application for authority to record the proceedings before the commissioner by video recorder:]
(3)The interlocutor granting such a commission shall be sufficient authority for citing the witness to appear before the commissioner.
(4)At the commission, the commissioner shall—
(a)administer the oath de fideli administratione to any [F6clerk and any] shorthand writer appointed for the commis sion; and
(b)administer to the witness the oath in Form G14, or where the witness elects to affirm, the affirmation in Form G15.
(5)Where a commission is granted for the examination of a witness, the commission shall proceed without interrogatories unless, on cause shown, the sheriff otherwise directs.
Textual Amendments
F2Word in rule 28.10(1)(a)(iii) omitted (1.11.1996) by S.I. 1996/2445, para. 3(37)(a)(i)
F3Rule 28.10(1)(b): “;or” substituted for the full-stop (1.11.1996) by S.I. 1996/2445, para. 3(37)(a)(ii)
F4Rule 28.10(1)(c) inserted (1.11.1996) by S.I. 1996/2445, para. 3(37)(a)(iii)
F5Sch. 1 rule 28.10(2A) inserted (1.7.2008) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2008 (S.S.I. 2008/223), art. 11
F6Words in rule 28.10(4)(a) inserted (1.11.1996) by S.I. 1996/2445, para. 3(37)(b)