Rule 3.76 Custody of audio or audio-visual recordings and documentsF1F4
F2The audio or audio-visual recording and documents referred to in rule 3.75 shall, subject to paragraph (2), be kept in the custody of the sheriff clerk.
Where F3the audio or audio-visual recording of the evidence of a witness is in the custody of the sheriff clerk under this rule and where intimation has been given to that effect under rule 3.75(2), the name and address of that witness and the record of his evidence shall be treated as being in the knowledge of the parties; and no party shall be required, notwithstanding any enactment to the contrary–
to include the name of that witness in any list of witnesses; or
to include the record of his evidence in any list of productions.
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
Words in rule 3.76(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(61)(a) (with para. 8)
- F3
Words in rule 3.76(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(61)(b) (with para. 8)
- F4
Rule 3.76 heading substituted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(61)(c) (with para. 8)
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)