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.

Annotations: Help about Annotation

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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)