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

Inspection and recovery of documents in commercial actions

47.8.—(1) Within 28 days after an interlocutor allowing a proof or proof before answer, each party to a commercial action shall–

(a) give written intimation to every other party of a list of the documents which are, or to the best of his knowledge have been, in his possession or control relating to the matters at issue between them;

(b) where such documents have been in his possession or control, state in that list the place where and the person whith whom, to the best of his knowledge, those documents may be found; and

(c) lodge a copy of that list in process.

(2) A party who has received a list of documents under paragraph (1) may inspect those documents which are in the possession or control of the party intimating the list within 28 days after the receipt of the list at a time and place which is reasonable to both parties.

(3) A party inspecting documents under paragraph (2) shall have the right to obtain a copy or copies of any such document on payment of a copying fee of not more than that prescribed in Chapter I of the Table of Fees in rule 42.16.

(4) Nothing in this rule shall affect–

(a) the law relating to, or the right of a party to object to the inspection of a document on the ground of, privilege or confidentiality; or

(b) the right of a party to apply under rule 35.2 for a commission and diligence for recovery of documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972(1).

(1)

1972 c. 59; section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 9 and Schedule 2, paragraph 15.