SCHEDULES

F1First Schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 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)

Initiation and progress of causes

CHAPTER 28RECOVERY OF EVIDENCE

28 Applications for commission and diligence for recovery of documents or for orders under section 1 of the Act of 1972

1

An application by a party for—

a

a commission and diligence for the recovery of a document, or

b

an order under M1section 1 of the Act of 1972,

shall be made by motion.

2

At the time of lodging a motion under paragraph (1), a specification of—

a

the document or other property sought to be inspected, photographed, preserved, taken into custody, detained, produced, recovered, sampled or experimented on or with, as the case may be, or

b

the matter in respect of which information is sought as to the identity of a person who might be a witness or a defender,

shall be lodged in process.

F23

A copy of the specification lodged under paragraph (2) and the motion made under paragraph (1) shall be intimated by the applicant to–

a

every other party;

b

in respect of an application under section 1(1) of the M2Act of 1972, any third party haver; and

F3c

where necessary–

i

the Advocate General for Scotland (in a case where the document or other property sought is in the possession of either a public authority exercising functions in relation to reserved matters within the meaning of Schedule 5 to the Scotland Act 1998, or a cross-border public authority within the meaning of section 88(5) of that Act); or

ii

the Lord Advocate (in any other case),

and, if there is any doubt, both.

4

Where the sheriff grants a motion made under paragraph (1) in whole or in part, he may order the applicant to find such caution or give such other security as he thinks fit.

F45

The Advocate General for Scotland or the Lord Advocate or both, as appropriate, may appear at the hearing of any motion under paragraph (1).