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Act of Sederunt (Fatal Accident Inquiry Rules) 2017

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Warrants for production of original documents from public records

3.—(1) Where a participant (other than the procurator fiscal) seeks to obtain from the keeper of any public record production of the original of any register or deed in his or her custody for the purposes of an inquiry, that participant must apply to the sheriff.

(2) Intimation of an application under subparagraph (1) must be given to the keeper of the public record concerned at least 7 days before the application is lodged.

(3) In relation to a public record kept by the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland, where it appears to the sheriff that it is necessary for the purpose of the inquiry that an application under this rule should be granted, the sheriff must make an order containing a certificate to that effect;

(4) The participant applying for production may then request by letter (enclosing a copy of the order certified by the sheriff clerk), addressed to the Deputy Principal Clerk of Session, for an order from the Court of Session authorising the Keeper of the Registers or the Keeper of the Records, as the case may be, to exhibit the original of any register or deed to the sheriff.

(5) The Deputy Principal Clerk of Session must submit the application sent under subparagraph (4) to the Lord Ordinary in chambers who, if satisfied, may grant a warrant for production or exhibition of the original register or deed sought.

(6) A certified copy of the warrant granted under subparagraph (5) must be intimated to the keeper of the public record concerned.

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