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Act of Sederunt (Summary Cause Rules) 2002
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Inspection and recovery of documents
34.4.—(1) This rule applies where the summons includes a specification of documents in accordance with rule 34.2(5)(b).
(2) Subject to paragraph (5), where a response in Form 10b is lodged stating a defence to the action, the sheriff clerk shall make an order granting commission and diligence for the production and recovery of the documents mentioned in the specification.
(3) An order under paragraph (2) shall be treated for all purposes as an interlocutor of the court granting commission and diligence signed by the sheriff.
(4) Nothing in this rule shall affect the right of a party to apply under rule 18.1 for a commission and diligence for recovery of documents or under rule 18.3 for an order under section 1 of the Administration of Justice (Scotland) Act 1972 in respect of any document or other property not mentioned in the specification included in the summons.
(5) Where the defender, or where appropriate, the Advocate General for Scotland or the Lord Advocate, objects to the specification of documents, he shall make such objection by incidental application.
(6) An incidental application under paragraph (5) shall be–
(a)lodged on or before the return day; and
(b)determined at the hearing held in terms of rule 8.2(1).
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