Article 5 Service of bills and petitions

After Chapter 29 of the Rules (precognition on oath of defence witnesses) insert–

“CHAPTER 29A

SERVICE OF BILLS OF ADVOCATION AND SUSPENSION AND PETITIONS TO THE NOBILE OFFICIUM

Service of bill or petition

29A.1

(1)

Where a first order for service is sought in relation to—

(a)

a bill of advocation;

(b)

a bill of suspension; or

(c)

a petition to the nobile officium,

the complainer or petitioner shall provide two copies of the bill or petition when presenting it to the Clerk of Justiciary for registration.

(2)

Where a first order for service is granted, the Clerk of Justiciary shall provide the complainer or petitioner with a certified copy of—

(a)

the bill or petition; and

(b)

the interlocutor granting first order for service.

(3)

The complainer or petitioner shall serve the certified copy of the bill or petition and interlocutor on the respondent.

(4)

Where a bill or petition arises from proceedings in a lower court, the Clerk of Justiciary shall intimate a copy to that court.”.