Act of Sederunt (Rules of the Court of Session, Ordinary Cause Rules and Summary Cause Rules Amendment) (Miscellaneous) 2014

Amendment of the Summary Cause Rules

4.—(1) The Summary Cause Rules are amended in accordance with the following subparagraphs.

(2) After rule 18.2 (optional procedure before executing commission and diligence), insert—

“Optional procedure before executing commission and diligence – personal injuries actions

18.2A.— (1) This rule applies to actions to which Chapter 34 applies (action of damages for, or arising from, personal injuries) but only where each party is legally represented.

(2) Any party who has obtained a commission and diligence for the recovery of documents may, at any time before executing it, serve by first class recorded delivery post on the solicitor or solicitors of the person from whom the documents are sought to be recovered an order with certificate attached in Form 10B.

(3) Documents recovered in response to an order under paragraph (2) must be sent to, and retained by, the party who obtained the order who must, on receiving them, advise the parties that the documents are in his possession and may be examined within his office during normal business hours.

(4) If the party who served the order is not satisfied that full production has been made under the specification, or that adequate reasons for non-production have been given, he may execute the commission and diligence in normal form, notwithstanding his adoption in the first instance of the foregoing procedure by order.

(5) At the commission, the commissioner must—

(a) administer the appropriate oath or affirmation to any clerk and any shorthand writer appointed for the commission; and

(b) administer to the haver the oath in Form 20, or where the haver elects to affirm, the affirmation in Form 21.

(6) Documents recovered under this rule may be tendered as evidence at any hearing or proof without further formality, and rules 18.4(2), (3) and (4) shall apply to such documents.”.

(3) In rule 18.4 (confidentiality), in paragraph (1), after “rule 18.2” insert “, rule 18.2A”.

(4) In rule 34.7 (allocation of diets and timetables)(1)—

(a) in paragraph (5), omit “paragraph (10) or”;

(b) omit paragraph (10).

(5) In rule 34.8(2)(b) (applications for sist or for variation of timetable)(2), omit “special”.

(6) In Appendix 1 (forms), in Form 10B (form of order of court for recovery of documents in personal injuries action) after “(insert address)”, where it appears for the first time, insert “[or, as the case may be, the party who obtained the order].”

(1)

Rule 34.7 was substituted by S.S.I. 2012/144.

(2)

Rule 34.8 was substituted by S.S.I. 2012/144.