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PART 6INCIDENTAL PROCEDURE: SPECIAL PROCEDURES

CHAPTER 23PROOF

Recording of evidence

23.5.—(1) The evidence given at a hearing is to be recorded, unless the parties agree to dispense with the recording of evidence and the Appeal Sheriff considers that it is appropriate to do so.

(2) The evidence is to be recorded by—

(a)a shorthand writer to whom the oath de fideli administratione has been administered in connection with the Court; or

(b)by tape recording or other mechanical means approved by the Court.

(3) In the first instance, the solicitors for the parties are personally liable to pay, in equal shares—

(a)the fees of a shorthand writer; or

(b)the fee payable for recording evidence by tape recording or other mechanical means.

(4) The record of evidence is to include—

(a)any objection taken to a question or to the line of evidence;

(b)any submission made in relation to such an objection; and

(c)the ruling of the Appeal Sheriff in relation to the objection and submission.