Act of Sederunt (Rules of the Court of Session 1994) 1994

Borrowing and returning documents

4.12.  –

(1) A party borrowing a document which may be borrowed shall give a receipt for it, dated and signed, on the inventory of process.

(2) Subject to paragraph (3), before a clerk of session accepts a document for return to process, he shall–

(a) compare it with the inventory of process and receipt in the presence of the person returning it, delete the receipt and initial and date the deletion; or

(b) in the case of a partial return, mark on the inventory of process the document so returned and initial and date the entry.

(3) Where the document being returned is bulky so that it cannot be examined conveniently at the time–

(a) a clerk of session shall not accept the document without a separate slip accompanying it, dated and signed by the party returning it, specifying the number of process so returned; and

(b) the clerk of session receiving it shall examine it before the close of the following business day and give written intimation to the party returning it of any inaccuracy in the slip accompanying it.

(4) Where written intimation is not given under paragraph (3)(b), the accuracy of the slip shall be presumed and the party returning the document shall be exonered as if the receipt had been deleted under paragraph (2)(a) or marked under paragraph (2)(b), as the case may be.

(5) A party returning more than one document shall ensure that the documents returned are arranged in consecutive order according to the inventory of process; and a clerk of session may refuse to accept documents which are not so arranged.

(6) The court may, on the motion of a party, ordain any other party who has borrowed a document to return that document within such period as the court think`s fit.