Paragraph 18 Recovery of documents

Any party may apply to the sheriff for an order for recovery of such documents, referred to in a list of documents lodged by that party, as the sheriff considers relevant to the disputed issues.

Where an order has been granted under paragraph (1) of this rule, a copy of it may be served by first class recorded delivery post on the person from whom the documents are sought to be recovered together with a certificate in form 13, and the order of the court shall be implemented in the manner and within the time specified in the order.

Where the party in whose favour an order under paragraph (1) of this rule has been granted is not—

and is not represented by a solicitor, service under paragraph (2) of this rule shall be effected by the sheriff clerk posting a copy of the order together with a certificate in form 13 by first class recorded delivery post or, on payment of the fee prescribed by the Secretary of State by order, by sheriff officer.

Documents recovered in response to an order under paragraph (1) of this rule shall be sent to, and retained by, the sheriff clerk who shall, on receiving them, advise the parties that the documents are in his possession and (subject to rule 39 of the Summary Cause Rules (confidentiality)) may be examined within his office during normal business hours.

In the event of a person, from whom documents are sought to be recovered, failing to implement an order of the court in the manner or within the time specified, the party seeking recovery may apply to the sheriff for an order requiring that person to appear before him to explain his failure; and if such person shall fail to appear he may be held in contempt of court.

Documents recovered under this rule may be tendered as evidence at any hearing without further formality, and rule 17(2) above shall apply to such documents.