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Act of Sederunt (Contempt of Court in Civil Proceedings) 2011
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Continuation of hearing
8.—(1) Where a relevant witness is not present at the contempt hearing, the other court may continue the hearing for the purpose of hearing that person’s evidence (or, where it is more appropriate, all of the evidence).
(2) A relevant witness is to be cited by the court to attend the continued contempt hearing by service of a citation in the form (with such variation as may be required) which is used for citation of a witness to a proof in an ordinary action in the court concerned.
(3) Service is to be carried out personally by a messenger-at-arms or a sheriff officer (as the case may be).
(4) Where it is more appropriate to do so, the other court may continue the contempt hearing before determining the disposal for the purpose of obtaining information relevant to that matter.
(5) The other court is not to continue the contempt hearing under paragraph (4) for a single period exceeding four weeks or, on cause shown, eight weeks.
(6) Exceptionally, the other court may continue the contempt hearing in circumstances other than those mentioned in paragraphs (1) and (4).
(7) Such a continuation may be ordered of the court’s own accord or on the oral motion of the relevant person.
(8) Where the other court continues the contempt hearing under this rule it is to—
(a)ordain the relevant person to appear at that continued hearing; or
(b)exercise its power to remand that person in custody until that hearing.
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