Act of Sederunt (Rules of the Court of Session 1994) 1994

Objection by defenders to production

53.3.—(1) Where a defender objects to satisfying a conclusion for production of a document sought to be reduced in an action, he shall state in his defences–

(a) his grounds of objection; and

(b) any defence on the merits of the action.

(2) Where a defender objects to satisfying such a conclusion, he shall not be required to satisfy production at the time of lodging his defences.

(3) Where the court repels or reserves an objection to satisfying a conclusion for production, it shall, in the interlocutor repelling or reserving such objection, ordain the defender to satisfy production within such period as it thinks fit.

(4) Where–

(a) the defender obtempers an order made under paragraph (3), he shall, on lodging in process any such document as is in his possession or within his control, apply by motion to hold production either satisfied or satisfied in respect of the document lodged, as the case may be; or

(b) the defender fails to obtemper an order made under paragraph (3), the pursuer may apply by motion for decree by default.