The Rules of the Scottish Land Court Order 2014

Preparation for hearing by way of proof

20.—(1) The rights conferred by paragraphs (2) and (6) of this rule may be exercised—

(a) as soon as a date is fixed for a hearing by way of proof; and

(b) at any time after that until a date 2 weeks before the date on which the hearing takes place.

(2) A party may apply to the court for an order requiring another party to admit a fact relating to the subject matter of the application being dealt with by the hearing.

(3) An application under paragraph (2) must be accompanied by a minute specifying the facts which the applicant seeks to have admitted but in the order the court shall specify such facts as it sees fit.

(4) Any admission made in response to an order under paragraph (2) is admissible in evidence—

(a) only as between the party who applied for the order and the party required to make the admission; and

(b) only for the purposes of the application being dealt with by the hearing.

(5) If—

(a) a party required by order under paragraph (2) to admit a fact does not do so;

(b) the fact is subsequently proved; and

(c) the court considers it would have been reasonable to admit it,

then that party may be found liable for such expenses as the party who applied for the order incurred in proving the fact.

(6) A party may move the court to require a person named and designed in the motion to attend, on such date and at such time and place as may be specified by the court, for the purpose of giving evidence in relation to the subject matter of the case being dealt with by the hearing.