Rule 3.81A Lodging restricted evidenceF1

(1)

Where the sheriff makes an order under section 175(1)(or (c) of the 2011 Act, the applicant shall lodge any relevant recording and documents with the sheriff clerk.

(2)

On the recording and documents being lodged the sheriff clerk shall—

(a)

note—

(i)

the evidence lodged;

(ii)

by whom they were lodged;

(iii)

the date on which they were lodged; and

(b)

intimate what he or she has noted to all parties concerned.

(3)

The recording and documents referred to in paragraph (1) shall, subject to paragraph (4), be kept in the custody of the sheriff clerk.

(4)

Where the 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 paragraph (2), the name and address of that witness and the record of his or her evidence shall be treated as being in the knowledge of the parties; and no party shall be required, notwithstanding any enactment to the contrary—

(a)

to include the name of that witness in any list of witnesses; or

(b)

to include the record of his or her evidence in any list of productions.

Annotations

Textual amendments

F1: Rule 3.81A inserted (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(66) (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)

Notes on Chapter PART XIA

Textual amendments

F1: Ch. 3 Pt. 11A inserted (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(62) (with para. 8)