SCHEDULES

F1first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

F1Initiation andprogress of causes

CHAPTER 28RECOVERY OF EVIDENCE

28 Execution of commission and diligence for recovery of documents

1

The party who seeks to execute a commission and diligence for recovery of a document obtained on an application made under rule 28.2(1)(a) shall—

a

provide the commissioner with a copy of the specification, a copy of the pleadings (including any adjustments and amendments) and a certified copy of the interlocutor of his appointment; and

b

instruct the clerk and any shorthand writer considered necessary by the commissioner or any party; and

c

be responsible for the fees of the commissioner and his clerk, and of any shorthand writer.

2

The commissioner shall, in consultation with the parties, fix a diet for the execution of the commission.

3

The interlocutor granting such a commission and diligence shall be sufficient authority for citing a haver to appear before the commissioner.

4

A citation in Form G13 shall be served on the haver with a copy of the specification and, where necessary for a proper understanding of the specification, a copy of the pleadings (including any adjustments and amendments) F2; and the party citing the haver shall lodge a certificate in Form G12.

5

The parties and the haver shall be entitled to be represented by a solicitor or person having a right of audience before the sheriff at the execution of the commission.

6

At the commission, the commissioner shall—

a

administer the oath de fideli administratione to any F3clerk and any shorthand writer appointed for the commission; and

b

administer to the haver the oath in Form G14, or, where the haver elects to affirm, the affirmation in Form G15.

7

The report of the execution of the commission and diligence, any document recovered and an inventory of that document, shall be sent by the commissioner to the sheriff clerk.

8

Not later than the day after the date on which such a report, document and inventory, if any, are received by the sheriff clerk, he shall intimate to the parties that he has received them.

9

No party, other than the party who served the order, may uplift such a document until after the expiry of 7 days after the date of intimation under paragraph (8).

10

Where the party who served the order fails to uplift such a document within 7 days after the date of intimation under paragraph (8), the sheriff clerk shall intimate that failure to every other party.

11

Where no party has uplifted such a document within 14 days after the date of intimation under paragraph (10), the sheriff clerk shall return it to the haver.

12

Where a party who has uplifted such a document does not wish to lodge it, he shall return it to the sheriff clerk who shall—

a

intimate the return of the document to every other party; and

b

if no other party uplifts the document within 14 days of the date of intimation, return it to the haver.