The Rules of the Scottish Land Court Order 2014

Order for delivery of material relevant to a hearing

21.—(1) The court may order any person—

(a) to deliver to the Principal Clerk such material—

(i) in the person’s possession or control; and

(ii) relating to the subject matter of a case,

as may be specified or described in the order, and

(b) to state—

(i) whether any material so specified or described is, or has at any time been, in the person’s possession or control; and

(ii) if any material so specified or described has at any time been in the person’s possession or control but has been parted with, what has become of it.

(2) Where the court considers it appropriate, it may appoint a member of the court, the Principal Clerk, any clerk of court or any other person as a commissioner for the purposes of this rule and the court or such commissioner may order a person to attend at a place, date and time—

(a) specified in the order; or

(b) to be notified to the person at some time after the order is made,

for the purpose of producing all such material as may be specified in the order and may require such person to give evidence in relation to the matters specified in paragraph (1)(b) and the court may authorise the Principal Clerk or any such commissioner to take possession of, copy or take excerpts from such material as the person produces and to report to the court.

(3) The court may authorise a party to examine any material delivered under paragraph (1) or produced, copied or excerpted under paragraph (2) and to lodge as a production all or any part or parts of the material, copy or excerpt in question.

(4) The court may order a party—

(a) to prepare or obtain a map or plan specified in the order; and

(b) to lodge that map or plan as a production within a period so specified.

(5) In this rule, “material” includes writings, documents and plans and any other item which may conveniently be produced or delivered to the court or as the case may be to the commissioner.