Article 24 Procedure in proceedings against messengers-at-arms
This rule applies to a petition under rule 23 above.
Subject to the following provisions of this rule, the Lord Ordinary shall determine the procedure to be followed in such a petition.
Where the respondent fails to appear or be represented at the hearing for further procedure, the Lord Ordinary may grant the prayer of the petition.
Where a further hearing or a proof is ordered, the petitioner shall fix a date with the Keeper of the Rolls of the Court of Session, and the Keeper of the Rolls shall fix an early date.
Where a proof is fixed—
the interlocutor allowing the proof shall be sufficient warrant for the citation of witnesses on not less than seven days' notice; and
the parties may agree to dispense with the services of a shorthand writer.
After a hearing on the question whether there was misconduct by the respondent, the Lord Ordinary may give his decision orally or make avizandum and issue his decision in writing at a later date.
Where the Lord Ordinary pronounces an interlocutor under paragraph (1), or issues his decision in writing under paragraph (2), of this rule, the clerk of court shall send a copy of the interlocutor or a copy of the decision, as the case may be, to the respondent.
Where the respondent is found guilty of misconduct after a hearing to determine that matter, the court shall make no order under section 80(5) of the Act of 1987 without first giving the respondent an opportunity to be heard, or to make representations in writing, in mitigation.
A hearing of a petition under section 79(3)(a) of the Act of 1987 shall be held in public unless—
the respondent requests that it be held in private; or
the judge considers that it would be prejudicial to the interests of justice if the hearing were not held, in whole or in part, in private.
Where—
a fine is imposed on the respondent, the clerk of court shall intimate details of the fine to the Lord Advocate;
an order is made for repayment under section 80(5)(d) of the Act of 1987, the clerk of court shall intimate the order to the person to whom repayment is to be made;
an order is made under section 80(1), (4) or (8)(b) of the Act of 1987, the clerk of court shall intimate the order to the cautioner for the respondent and the company with which the respondent has a policy for professional indemnity insurance.
The warrant attached to an extract of a decree for payment of a fine shall be in the following terms:—
“and the Lords grant warrant for all lawful execution hereon”.