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Act of Sederunt (Fatal Accident Inquiry Rules) 2017

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Information given on commission

8.—(1) On cause shown, the sheriff may order that the testimony of a witness is to be taken by a commissioner.

(2) The commission is to proceed without interrogatories unless the sheriff otherwise orders.

(3) The order of the sheriff authorising the commission is sufficient authority for citing the witness to appear before the commissioner.

(4) The participant who cited the witness—

(a)must give the commissioner—

(i)a certified copy of the order of the sheriff appointing the commissioner;

(ii)where paragraph 9 applies, the approved interrogatories and cross-interrogatories;

(b)must instruct the clerk to the commission; and

(c)is responsible in the first instance for the fee of the commissioner and the clerk.

(5) The commissioner is to fix a hearing at which the commission will be carried out.

(6) The commissioner must consult the participants before fixing the hearing.

(7) A participant may apply for leave to be present in the room where the commission is carried out.

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