Evidence taken on commissionS
28.13.(1)Subject to the following paragraphs of this rule and to all questions of relevancy and admissibility, evidence taken on commission under rule 28.11 or 28.12 may be used as evidence at any proof of the cause.
(2)Any party may object to the use of such evidence at a proof; and the objection shall be determined by the sheriff.
(3)Such evidence shall not be used at a proof if the witness becomes available to attend the diet of proof.
(4)A party may use such evidence in accordance with the preceding paragraphs of this rule not withstanding that it was obtained at the instance of another party.