Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) 2021

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends rule 49.33(3) (adjustment and further procedure) and inserts new rule 49.33A (lodging of productions and witness lists) into the Rules of the Court of Session 1994.

Paragraph 2(2) amends rule 49.33(3) to bring forward the last date for the adjustment of pleadings from 28 days to 56 days.

Paragraph 2(3) inserts new rule 49.33A. Rule 49.33A(1) disapplies rule 4.5 (productions) and rule 36.6 (lodging productions) to family actions. Rule 49.33A(2) provides that 56 days before the diet of proof, an inventory of productions and copies of the productions which are intended to be used at proof must be intimated to every other party. The inventory of productions must also be lodged in process. The productions themselves must be lodged in process no later than 14 days before proof.

Rule 49.33A(3) replicates the wording of disapplied rule 4.5(2) to provide the appropriate form of productions.

New rule 49.33A(4) provides that a production not intimated and lodged in accordance with paragraph (2) shall not be used or put in evidence at proof without consent of the parties or with the leave of the court on cause shown.

New rule 49.33A(5) provides that not later than 56 days before proof, each party shall lodge in process, and provide, every other party with a witness list containing the name, occupation and address of each witness. New rule 49.33A(6) provides that a party seeking to call a witness not included on the list intimated under paragraph (6) may only do so with the consent of the parties or with leave of the court on cause shown.

This Act of Sederunt also amends chapter 58.4(7) (the petition: intimation and service) to extend the time period for which a petition for judicial review may be sisted for legal aid from 28 days to two months, which period may be renewed on cause shown.