SCHEDULES
first schedule ORDINARY CAUSE RULES 1993
Initiation andprogress of causes
CHAPTER 29PROOF
Failure of witness to attend
29.10.
(1)
Where a witness fails to answer a citation after having been duly cited, the sheriff may, on the motion of a party and on production of a certificate of citation, grant warrant for the apprehension of the witness and for bringing him to court; and the expenses of such a motion and apprehension may be decerned for against the witness.
(2)
Where a witness duly cited and after having demanded and been paid his travelling expenses fails to attend a diet, either before the sheriff or before a commissioner, the sheriff may—
(a)
ordain the witness to forfeit and pay a penalty not exceeding £250 unless a reasonable excuse be offered and sustained; and
(b)
grant decree for that penalty in favour of the party on whose behalf the witness was cited.