- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: