SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 27DOCUMENTS FOUNDED ON OR ADOPTED IN PLEADINGS

Lodging of documents founded on or adoptedI127.1

1

Any document founded on by a party, or adopted as incorporated, in his pleadings shall, so far as in his possession or within his control, be lodged in process as a production by him–

a

when founded on or adopted in a summons, at the time of lodging the summons for calling;

b

when founded on or adopted in a petition, note, application, minute, defences, counterclaim or answers, at the time of lodging that writ; and

c

when founded on or adopted in an adjustment to any pleadings, at the time when such adjustment is intimated to any other party.

2

Paragraph (1) shall be without prejudice to any power of the court to order the production of any document or to grant a commission and diligence for recovery of it.

Consequences of failure to lodge documents founded on or adoptedI227.2

Where a party fails to lodge a document in accordance with rule 27.1(1), he may be found liable in the expenses of any order for the production or recovery of it obtained by any other party.