Act of Sederunt (Rules of the Court of Session 1994) 1994

Evidence under section 139(5) of the Act of 1983

69.12.—(1) Where the respondent intends to give evidence permitted under section 139(5) of the Act of 1983 (evidence to prove person not duly elected), he shall, not less than 6 days before the date of the trial–

(a) lodge in process a list of the objections to the election on which he intends to rely; and

(b) intimate a copy of that list to–

(i) every other party; and

(ii) the Lord Advocate.

(2) No evidence shall be allowed to be given on behalf of the respondent in support of any objection to the return not specified in the list, except with leave of the election court or, on a motion heard before the date of the trial, of any of the judges on the rota for the trial of election petitions, on such terms as to amendment of the list, postponement of the trial and payment of expenses as may be ordered.