Act of Sederunt (Small Claim Rules) 2002

Optional procedure before executing commission and diligence

17.2.—(1) Any party who has obtained a commission and diligence for the recovery of documents may, at any time before executing it, serve by first class recorded delivery post on the person from whom the documents are sought to be recovered (or on his known solicitor or solicitors) an order with certificate attached in Form 15.

(2) If in a claim the party in whose favour the commission and diligence has been granted is not–

(a) a partnership or body corporate; or

(b) acting in a representative capacity,

and is not represented by a solicitor, service under paragraph (1) must be effected by the sheriff clerk posting a copy of the order together with a certificate in Form 15 by first class recorded delivery post or, on payment of the fee prescribed by the Scottish Ministers by order, by sheriff officer.

(3) Documents recovered in response to an order under paragraph (1) must be sent to, and retained by, the sheriff clerk who shall, on receiving them, advise the parties that the documents are in his possession and may be examined within his office during normal business hours.

(4) If the party who served the order is not satisfied that–

(a) full production has been made under the specification; or

(b) that adequate reasons for non-production have been given,

he may execute the commission and diligence in normal form, notwithstanding his adoption in the first instance of the procedure in paragraph (1) above.

(5) Documents recovered under this rule may be submitted as evidence at any hearing without further formality, and rule 17.3(3) and (4) shall apply to such documents.