Act of Adjournal (Consolidation) 1988

Custody of documents

55.—(1) The Clerk of Justiciary or the sheriff clerk, as the case may be, shall, subject to paragraph (2), keep the documents mentioned in rule 54(3) in their custody.

(2) In any case where the application was made to the High Court on the ground that the court in which the trial was to take place was not then known the prosecutor shall, as soon as that court is known, inform the Clerk of Justiciary accordingly; and if that court is the sheriff court, the Clerk of Justiciary shall as soon as is practicable send to the sheriff clerk of the sheriff court in question the record of the evidence of the witness or witnesses in question.

(3) In any case where the record of the evidence of a witness is in the custody of the Clerk of Justiciary or a sheriff clerk under this rule and where intimation has been given to that effect to all the parties concerned in the proceedings under rule 54(3), the name and address of that witness and the record of his evidence shall be treated as being within the knowledge of those parties; and no party shall be required notwithstanding any enactment to the contrary—

(a) to include the name of that witness in any list of witnesses;

(b) to include the record of his evidence in any list of productions.