Act of Sederunt (Taking of Evidence in the European Community) 2003

Explanatory Note

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

This Act of Sederunt makes rules of procedure in the sheriff court for applications for requests to take evidence in the Member States of the European Community.

Such applications will be made under Council Regulation (EC) No. 1206/2001 of 28th May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (“the Council Regulation”).

The Council Regulation was in force on 1st July 2001, and will apply to all Member States other than Denmark from 1st January 2004. The Council Regulation replaces for all participating Member States the letter of request procedure under the Hague Convention of 18th March 1970 on the taking of evidence abroad in civil or commercial matters.

Rule 2 provides that the sheriff principal of any sheriffdom that receives a Council Regulation request may appoint another sheriff to deal with it, and if so make directions on the manner in which that is done.

Rule 3 provides that the sheriff dealing with a Council Regulation request shall, if appropriate, fix a hearing and, if fixed, intimate that hearing to those persons with an interest.

Rule 4 amends the Ordinary Cause Rules by–

(a) specifying that the existing rule 28.14 shall not apply to a Council Regulation request;

(b) providing a new rule 28.14A for such a request; and

(c) substituting a new Form G16 for asking the court to make a request for evidence to be taken abroad, whether under the Council Regulation or otherwise.

Rule 5 amends the Summary Cause Rules in the same manner as rule 4 amends the Ordinary Cause Rules, and in doing so provides for a new Form 25B.