SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Special provisions in relation to particular proceedings

CHAPTER 43ACTIONS OF DAMAGES

PART VOPTIONAL PROCEDURE IN CERTAIN ACTIONS OF DAMAGES

Exchange of lists of witnesses in optional procedure43.26

1

Within 28 days after an order has been pronounced under rule 43.24(6)(c) (allowance of proof), each party to the action shall–

a

give written intimation to every other party of a list containing the name, occupation (if known) and address of each person whom he intends to call as a witness; and

b

lodge a copy of that list in process.

2

A party who seeks to call as a witness a person not on his list intimated under paragraph (1) shall, if any other party objects to such a witness being called, seek leave of the court to call that person as a witness; and such leave may be granted on such conditions, if any, as the court thinks fit.