Commissions for examination of witnessesS
28.10.(1)This rule applies to a commission—
(a)to take the evidence of a witness who—
(i)is resident beyond the jurisdiction of the court;
(ii)although resident within the jurisdiction of the court, resides at some place remote from that court; or
(iii)by reason of age, infirmity or sickness, is unable to attend the diet of proof; F1. . .
(b)in respect of the evidence of a witness which is in danger of being lost, to take the evidence to lie in retentis [F2; or]
[F3(c)on special cause shown, to take evidence of a witness on a ground other than one mentioned in sub-paragraph (a) or (b)]
(2)An application by a party for a commission to examine a witness shall be made by motion; and that party shall specify in the motion the name and address of at least one proposed commissioner for approval and appointment by the sheriff.
[F4(2A)A motion under paragraph (2) may include an application for authority to record the proceedings before the commissioner by video recorder:]
F4(3)The interlocutor granting such a commission shall be sufficient authority for citing the witness to appear before the commissioner.
(4)At the commission, the commissioner shall—
(a)administer the oath de fideli administratione to any [F5clerk and any] shorthand writer appointed for the commis sion; and
(b)administer to the witness the oath in Form G14, or where the witness elects to affirm, the affirmation in Form G15.
(5)Where a commission is granted for the examination of a witness, the commission shall proceed without interrogatories unless, on cause shown, the sheriff otherwise directs.
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