PART 6INCIDENTAL PROCEDURE: SPECIAL PROCEDURES

CHAPTER 25PROOF

Transcripts of evidenceI125.6

1

A transcript of the record of the evidence is to be made only where the Appeal Sheriff orders it to be made.

2

In the first instance, the solicitors for the parties are personally liable, in equal shares, for the cost of making the transcript.

3

The transcript provided for the use of the Court must be certified as a faithful record of the evidence by—

a

the shorthand writer who recorded the evidence; or

b

where the evidence was recorded by tape recording or other mechanical means, by the person who transcribed the record.

4

The Appeal Sheriff may alter the transcript where the Appeal Sheriff considers it necessary to do so, but only after hearing parties on the proposed alterations.

5

Where the Appeal Sheriff alters the transcript, the Appeal Sheriff must authenticate the alterations.

6

The transcript may only be borrowed from process on cause shown.

7

Where a transcript is required for the purpose of an appeal but the Appeal Sheriff has not directed that it be made—

a

the appellant may request a transcript from the shorthand writer or the person in whose possession the recording of the evidence is;

b

in the first instance, the solicitor for the appellant is liable for the cost of the transcript;

c

the appellant must lodge the transcript in process; and

d

any party may obtain a copy by paying the fee of the person who made the transcript.