PART I

Solemn Procedure

Procedure prior to Trial

Lodging of List of Witnesses, Productions, Special Defence, Etc

Written notice of special defence and examination of witnesses and productions not included in lists lodged
82
1
It shall not be competent for the accused to state any special defence unless a plea of special defence shall be tendered and recorded at the first diet, or unless cause be shown to the satisfaction of the court for a special defence not having been lodged till a later day, which must in any case not be less than two clear days before the second diet.
2
It shall not be competent for the accused to examine any witnesses or to put in evidence any productions not included in the lists lodged by the prosecutor, unless written notice of the names and addresses of such witnesses and of such productions shall have been given to the procurator fiscal of the district of the second diet when the case is to be tried in the sheriff court, or to the Crown Agent where the case is to be tried in the High Court, at least three clear days before the day on which the jury is sworn to try the case, or unless the accused shall show before a jury is sworn to try the case that he was unable to give the full notice of three days in regard to any witnesses he may desire to examine or productions he may desire to lodge, and where this is shown the court shall give such remedy to the prosecutor by adjournment or postponement of the trial or otherwise as shall seem just.
3
A copy of every written notice required by the last foregoing subsection shall be lodged by the accused with the sheriff clerk of the district in which the second diet is to be held, or in any case the second diet of which is to be held in the High Court in Edinburgh with the Clerk of Justiciary, at or before the second diet, for the use of the court.