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Act of Sederunt (Fatal Accident Inquiry Rules) 2017

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Letters of request

7.—(1) This paragraph—

(a)applies to an application for a letter of request to a court or tribunal outside Scotland to obtain evidence of a kind specified in subparagraph (2); and

(b)does not apply to a request for the taking of evidence under the Council Regulation.

(2) An application may be made in relation to a request—

(a)for the examination of a witness;

(b)for the inspection, photographing, preservation, custody, detention, production or recovery of, or the taking of samples of, or the carrying out of any experiment on or with, a document or other property, as the case may be;

(c)for the medical examination of any person;

(d)for the taking and testing of samples of blood from any person; or

(e)for any other order for obtaining evidence,

for which an order could be obtained from the sheriff.

(3) Such an application must be made in Form S5.11A together with a proposed letter of request in Form S5.11B.

(4) The sheriff may order the participant making the application to consign a sum with the sheriff clerk in respect of the costs payable relating to the letter of request.

(5) Unless the court or tribunal to which a letter of request is addressed is a court or tribunal in a country or territory-

(a)where English is an official language; or

(b)in relation to which the sheriff clerk certifies that no translation is required,

then the applicant must, before the issue of the letter of request, lodge in the official language of the court or tribunal, a translation of that letter and any interrogatories and cross-interrogatories.

(6) The sheriff clerk must forward to the Scottish Ministers, or to such other person as the sheriff may direct—

(a)the letter of request, when issued;

(b)any interrogatories and cross-interrogatories as adjusted; and

(c)the translations (if any).

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