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)
28.12.(1)Where interrogatories have been dispensed with, the party who has obtained a commis sion to examine a witness under rule 28.10 shall—
(a)provide the commissioner with a copy of the pleadings (including any adjustments and amend ments) and a certified copy of the interlocutor of his appointment;
(b)fix a diet for the execution of the commission in consultation with the commissioner and every other party;
(c)instruct the clerk and any shorthand writer; and
(d)be responsible [F2in the first instance] for the fees of the commissioner, his clerk and any shorthand writer.
(2)All parties shall be entitled to be present and represented at the execution of the commission.
(3)The report of the execution of the commission, any document produced by the witness and an inventory of that document, shall be sent by the commissioner to the sheriff clerk.
(4)Not later than the day after the date on which such a report, any document and an inventory of that document are received by the sheriff clerk, he shall intimate to each party that he has received them.
(5)The party who obtained the commission to examine the witness shall lodge the report in process.
Textual Amendments
F2Words in Sch. 1 rule 28.12(1)(d) inserted (1.11.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463), {art. 2(7)}