Textual Amendments
F1Sch. 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)
28.8.(1)Where confidentiality is claimed for any evidence sought to be recovered under any of the following rules, such evidence shall [F2,where practicable,] be enclosed in a sealed packet:—
28.3(optional procedure before executing commission and diligence),
28.4(execution of commission and diligence for recovery of documents),
28.5(execution of orders for production or recovery of documents or other property under section 1(1) of the Act of 1972),
28.7(execution of orders for preservation etc. of documents or other property under section 1(1) of the Act of 1972).
(2)A motion to have such a sealed packet opened up [F3or such recovery allowed] may be lodged by—
(a)the party who obtained the commission and diligence; or
(b)any other party after the date of intimation by the sheriff clerk under rule 28.3(5) or 28.4(10) (intimation of failure to uplift documents).
(3)In addition to complying with rule 15.2 (intimation of motions), the party lodging such a motion shall intimate the terms of the motion to the haver by post by the first class recorded delivery service.
(4)The person claiming confidentiality may oppose a motion made under paragraph (2).
Textual Amendments
F2Words in rule 28.8(1) inserted (1.11.1996) by S.I. 1996/2445, para. 3(36)(a)
F3Words in rule 28.8(2) inserted (1.11.1996) by S.I. 1996/2445, para. 3(36)(b)