SCHEDULE 2 THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 36 PROOFS

36.8 Conditions for receiving certain written statements in evidence
(1) Any written statement (including an affidavit) or report, admissible under section 2(1)(b) of the Civil Evidence (Scotland) Act 1988, may be received in evidence at a proof in any category of cause without being spoken to by a witness subject to the provisions of this rule.
1988 c. 32.
(2) The following provisions of this rule do not apply to any such written statement or report in respect of which express provision is made in these Rules for its admissibility in evidence in relation to a particular category of cause.
(3) An application to the court to receive any such written statement or report in evidence without being spoken to by a witness shall be made by motion.
(4) Subject to paragraph (5), on enrolling any such motion, the applicant shall lodge in process–
(a) the written statement or report as a production;
(b) in any case where the other party or parties have not agreed to the written statement or report in question being received in evidence without being spoken to by a witness, an affidavit or affidavits in support of the motion stating–
(i) the name, designation, qualifications (if any) and address of the author of the statement or report in question;
(ii) the circumstances in which it was written; and
(iii) the reasons for the application.
(5) Paragraph (4) does not apply to an application made in respect of a written statement or report in the form of an affidavit which includes the information specified in sub-paragraph (b) of paragraph (4).
(6) Any such motion which is unopposed may be granted by the court without a hearing.
(7) At a hearing of any such motion, the court may continue the motion to enable such further information to be obtained as it may require for the purpose of determining the application.
(8) Expressions used in this rule which are used in the Civil Evidence (Scotland) Act 1988 shall have the same meaning as in that Act.