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35.2.—(1) An application by a party for–
(a)a commission and diligence for the recovery of a document, or
(b)an order under section 1 of the Act of 1972(1),
shall be made by motion.
(2) At the time of enrolling 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.
(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 for an order under section 1(1) of the Act of 1972, any third party haver; and
(c)where necessary, the Lord Advocate.
(4) Where the Lord Ordinary grants a motion made under paragraph (1), in whole or in part, in an action before calling of the summons, he may order the applicant to find such caution or give such other security as he thinks fit.
(5) The decision of the Lord Ordinary on a motion under paragraph (1) in an action before calling of the summons shall be final and not subject to review.
(6) The Lord Advocate may appear at the hearing of any motion under paragraph (1).
Commencement Information
I1Sch. 2 rule 35.2 in force at 5.9.1994, see para. 1(1)
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.
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