Sheriff Courts (Scotland) Act 1907

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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Amendments (Textual)

F1Word in rule 28.10(1)(a)(iii) omitted (1.11.1996) by S.I. 1996/2445, para. 3(37)(a)(i)

F2Rule 28.10(1)(b): “;or” substituted for the full-stop (1.11.1996) by S.I. 1996/2445, para. 3(37)(a)(ii)

F3Rule 28.10(1)(c) inserted (1.11.1996) by S.I. 1996/2445, para. 3(37)(a)(iii)

F5Words in rule 28.10(4)(a) inserted (1.11.1996) by S.I. 1996/2445, para. 3(37)(b)