Sheriff Courts (Scotland) Act 1907

Applications for commission and diligence for recovery of documents or for orders under section 1 of the Act of 1972 S

28.2. (1) An application by a party for—

(a) a commission and diligence for the recovery of a document, or

(b) an order under M1 section 1 of the Act of 1972,

shall be made by motion.

(2) At the time of lodging a motion under paragraph (1), a specification of—

(a) the document or other property sought to be inspected, photographed, preserved, taken into custody, detained, produced, recovered, sampled or experimented on or with, as the case may be, or

(b) the matter in respect of which information is sought as to the identity of a person who might be a witness or a defender,

shall be lodged in process.

[F1 (3) A copy of the specification lodged under paragraph (2) and the motion made under paragraph (1) shall be intimated by the applicant to–

(a) every other party;

(b) in respect of an application under section 1(1) of the M2 Act of 1972, any third party haver; and

(c) where necessary, the Lord Advocate.]

(4) Where the sheriff grants a motion made under paragraph (1) in whole or in part, he may order the applicant to find such caution or give such other security as he thinks fit.

(5) The Lord Advocate may appear at the hearing of any motion under paragraph (1).

Textual Amendments

F1 Rule 28.2(3) substituted (1.11.1996) by S.I. 1996/2445, para. 3(32)

Marginal Citations

M1 Section 1 of the Administration of Justice (Scotland) Act 1972 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 19 and Schedule 2, paragraph 15.

M2 1972 c.59.