VIIIOtherways to put in Condescendences and Answers. Order for Condescendence and Answers. Nature and Form of the Condescendence and Answers. All Writings founded on to be produced.
Provided always, and be it further enacted, That where the Parties do not agree to hold the Summons and Defences as setting forth fully .the Facts and Pleas respectively founded on ; or .where, the Lord Ordinary shall think fit, he shall order the Pursuer or Defender, as the Case may be, to give in, the one a Condescendence, the other an Answer, or mutual Condescendence, setting forth without Argument the Facts which they aver and offer to prove in support of the Summons and Defences ; and in such Condescendence, Answers, or mutual Condescendences, the Parties shall, in substantive Propositions, and under distinct Heads or Articles, set forth all Facts and Circumstances pertinent to the Cause of Action, or to the Defence, and which they respectively allege and offer to prove ; and along with such Condescendence or Answer, or mutual Condescendences, the Parties shall respectively produce all Writings in their Custody or within their Power, not already produced, on which they mean to found.