SCHEDULES

F1First Schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Initiation and progress of causes

CHAPTER 28RECOVERY OF EVIDENCE

28 Commissions for examination of witnesses

1

This rule applies to a commission—

a

to take the evidence of a witness who—

i

is resident beyond the jurisdiction of the court;

ii

although resident within the jurisdiction of the court, resides at some place remote from that court; or

iii

by reason of age, infirmity or sickness, is unable to attend the diet of proof; F2. . .

b

in respect of the evidence of a witness which is in danger of being lost, to take the evidence to lie in retentis F3; or

F4c

on special cause shown, to take evidence of a witness on a ground other than one mentioned in sub-paragraph (a) or (b)

2

An application by a party for a commission to examine a witness shall be made by motion; and that party shall specify in the motion the name and address of at least one proposed commissioner for approval and appointment by the sheriff.

F62A

A motion under paragraph (2) may include an application for authority to record the proceedings before the commissioner by video recorder:

3

The interlocutor granting such a commission shall be sufficient authority for citing the witness to appear before the commissioner.

4

At the commission, the commissioner shall—

a

administer the oath de fideli administratione to any F5clerk and any shorthand writer appointed for the commis sion; and

b

administer to the witness the oath in Form G14, or where the witness elects to affirm, the affirmation in Form G15.

5

Where a commission is granted for the examination of a witness, the commission shall proceed without interrogatories unless, on cause shown, the sheriff otherwise directs.