SCHEDULES

F1first scheduleS ORDINARY CAUSE RULES 1993

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)

Initiation andprogress of causesS

[F2CHAPTER 9ASDOCUMENTS AND WITNESSES

Exchange of lists of witnessesS

9A.3.(1)Within 28 days after the date of the interlocutor allowing a proof or proof before answer, each party shall–

(a)intimate to every other party a list of witnesses, including any skilled witnesses, on whose evidence he intends to rely at proof; and

(b)lodge a copy of that list in process.

(2)A party who seeks to rely on the evidence of a person not on his list intimated under paragraph (1) shall, if any other party objects to such evidence being admitted, seek leave of the sheriff to admit that evidence whether it is to be given orally or not; and such leave may be granted on such conditions, if any, as the sheriff thinks fit.

(3)The list of witnesses intimated under paragraph (1) shall include the name, occupation (where known) and address of each intended witness[F3 and indicate whether the witness is considered to be a vulnerable witness within the meaning of section 11(1) of the Act of 2004 and whether any child witness notice or vulnerable witness application has been lodged in respect of that witness.]]

Textual Amendments

F3Words in Sch. 1 rule 9A.3(3) inserted (1.11.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463), {art. 2(4)}