# Act of Adjournal (Criminal Procedure Rules) 1996, Paragraph 59.4: Hearing and determination of applications


(1) This rule applies to the hearing and determination of an application mentioned in this Chapter.
(2) On an application being lodged the Clerk of Justiciary shall—
(a) appoint a hearing on the application;
(b) intimate the date and time of the hearing to the parties;
(c) grant warrant for the citation of witnesses and the lodging of productions by the parties;
(d) specify the last date for lodging witness lists and productions.
(3) At the same time as lodging witness lists and productions, the party lodging them shall intimate copies to the other party.
(4) Where a production cannot reasonably be copied the list of productions shall be intimated.
(5) Parties shall be entitled to see the productions according to the existing law and practice of the High Court.
(6) Section 90A of the Act of 1995 (obstructive witnesses) applies, with the necessary modifications.
(7) A party shall not be permitted to—
(a) examine any witness not listed as a witness;
(b) put in evidence any production not lodged,
in accordance with paragraph 2(d) except by leave of the High Court on cause shown.
(8) Without prejudice to any existing power of the High Court, it may—
(a) order the production of any document or thing concerned with the application;
(b) hear any evidence relevant to the application;
(c) remit to any fit person to enquire and report on any matter affecting the application;
(d) appoint a person with expert knowledge to act as assessor to the High Court where it appears to the court that such expert knowledge is required.
(9) Where the High Court hears any evidence it shall do so in accordance with the existing law and practice as to the taking of evidence in criminal trials in Scotland.

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Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/paragraph/59.4 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-59.4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.