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Court of Session Act 1988
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- 1988 c. 36
- Part V
- Rehearing and additional proof in Inner House
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Rehearing and additional proof in Inner HouseS
36 Rehearing by larger court of causes pending in Inner House.S
Where a division of the Inner House before whom a cause is pending—
(a)considers the cause to be one of difficulty or importance; or
(b)is equally divided in opinion on the cause (whether on a question of law or fact),
it may appoint the cause to be reheard by such larger court as is necessary for the proper disposal of the cause.
37 Additional proof ordered by Inner House.S
Where proof has been ordered by the Inner House, the proof shall be taken before any one of the judges of the Inner House to whom the Inner House may think fit to remit the case, and the ruling of that judge upon the admissibility of evidence in the course of taking the proof shall be subject to review by the Inner House in the discussion of the report of the proof; and where the Inner House alters any finding of that judge rejecting evidence, it may, if it thinks fit, remit the case to have that evidence taken.
38 Evidence on commission in Inner House.S
In any cause coming before it, the Inner House may grant commission to take the depositions of havers and the evidence of witnesses as provided in section 10 of this Act with respect to an action.
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