Act of Sederunt (Small Claim Rules) 2002

Witnesses

17.4.—(1) A party shall be responsible for securing the attendance of his witnesses or havers at a hearing and shall be personally liable for their expenses.

(2) The summons or the copy served on the defender shall be sufficient warrant for the citation of witnesses or havers.

(3) The citation of a witness or haver must be in Form 16 and the certificate of execution of citation must be in Form 16a.

(4) The period of notice given to witnesses or havers cited in terms of paragraph (3) must be not less than seven days.

(5) A witness or haver shall be cited–

(a) by registered post or the first class recorded delivery service by the solicitor for the party on whose behalf he is cited;

(b) by a sheriff officer–

(i) personally;

(ii) by a citation being left with a resident at the person’s dwelling place or an employee at his place of business;

(iii) by depositing it in that person’s dwelling place or place of business;

(iv) by affixing it to the door of that person’s dwelling place or place of business; or

(v) by registered post or the first class recorded delivery service.

(6) Where service is effected under paragraph 5(b)(iii) or (iv), the sheriff officer shall, as soon as possible after such service, send by ordinary post to the address at which he thinks it most likely that the person may be found, a letter containing a copy of the citation.