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Rule 3.69C F1F2

(1)

On receipt of a vulnerable witness application a sheriff may–

(a)

make an order under section 12(6) of the Act of 2004 without holding a hearing;

(b)

require of any of the parties further information before making any further order; or

(c)

fix a date for a hearing of the vulnerable witness application and grant warrant to cite witnesses and havers.

(2)

The sheriff may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the vulnerable witness is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

(3)

An order fixing a hearing for a vulnerable witness application shall be intimated by the sheriff clerk–

(a)

on the day the order is made; and

(b)

in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

Annotations

Textual amendments

F1

Ch. 3 Pt. 11 inserted (1.4.2005) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/190), paras. 1(1), 2(3)

F2

Rules 3.69A-3.69C inserted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(3)

Notes on Part CHAPTER 3

Textual amendments

F1

Ch. 3 heading substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(9)