Paragraph 17.1 Diligence for recovery of documents

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 rule 4.2A inserted by Act of Sederunt (Sheriff Court Rules) 2009 para. 5(2)
Sch. 1 Appendix 1 Form 1a substituted by Act of Sederunt (Sheriff Court Rules) 2009 para. 5(4) Sch. 5
Sch. 1 rule 9.1(3) words substituted by Act of Sederunt (Sheriff Court Rules) 2009 para. 7(2)
Sch. 1 Appendix 2 Form 16B word substituted by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2015 para. 6(2)
Sch. 1 rule 21.6(1)(b) word omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(2)(a)(i)
Sch. 1 rule 11.3(3) omitted by Act of Sederunt (Sheriff Court Rules) 2009 para. 12(3)
Sch. 1 rule 1.1(4A) inserted by Act of Sederunt (Sheriff Court Rules Amendment) (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) 2009 para. 5(2)
sch. 1 rule 7.A3(2) substituted by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009 para. 6(2)
sch. 1 rule 7.A6 revoked by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009 para. 6(3)
sch. 1 rule 7.A8 inserted by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009 para. 6(4)
Sch. 1 Ch. 13A 13B inserted by Act of Sederunt (Sheriff Court Rules) 2008 para. 7(2)
Sch. 1 rule 26.1(3) inserted by Act of Sederunt (Sheriff Court Rules) 2008 para. 7(3)(a)
Sch. 1 rule 26.2 substituted by Act of Sederunt (Sheriff Court Rules) 2008 para. 7(3)(b)
Sch. 1 rule 11.1(3) omitted by Act of Sederunt (Sheriff Court Rules) 2010 para. 7(3)
sch. 1 rule 2.2 inserted by Act of Sederunt (Sheriff Court Rules) 2010 para. 5(2)
Sch. 1 rule 18.1(1) words substituted by Act of Sederunt (Sheriff Court Rules) 2012 para. 8(2)(a)
Sch. 1 rule 18.1(2) words omitted by Act of Sederunt (Sheriff Court Rules) 2012 para. 8(2)(b)
Sch. 1 Rules Appendix 1 Form A1 inserted by Act of Sederunt (Sheriff Court Rules) (Lay Representation) 2013 rule 5(3) Sch. 4
Sch. 1 rule 23.1(9) substituted by Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016 para. 5(2)
Sch. 1 rule 21.6(1) substituted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2005 para. 5(2)
Sch. 1 rule 6.5(3)(c) words substituted by Act of Sederunt (Sheriff Court Rules) 2011 para. 6
Sch. 1 rule 6.5(8)(a) words inserted by Act of Sederunt (Sheriff Court Rules) 2011 para. 7
Sch. 1 Appendix 1 Form 1a words inserted by Act of Sederunt (Sheriff Court Rules) 2011 para. 12(2)(a)
Sch. 1 Appendix 1 Form 1a words omitted by Act of Sederunt (Sheriff Court Rules) 2011 para. 12(2)(b)
Sch. 1 Appendix 1 Form 1a word substituted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003 para. 5(2)(a)
Sch. 1 Appendix 1 Form 12 words inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003 para. 5(2)(b)
Sch. 1 rule 4.4(1)(d) and word inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 para. 5(2)(a)
Sch. 1 rule 4.4(2) words substituted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 para. 5(2)(b)
Sch. 1 rule 4.4(4) inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 para. 5(2)(c)
Sch. 1 rule 6.5(4) substituted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 para. 5(3)(a)
Sch. 1 rule 6.5(12) words omitted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 para. 5(3)(b)
Sch. 1 rule 6.5(12)(a)(b) inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 para. 5(3)(b)
Sch. 1 rule 6.15(15) inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 para. 5(3)(c)
Sch. 1 rule 11.1(3) substituted for Sch. 1 rule 11.1(3)(4) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 para. 5(4)
Sch. 1 Appendix 1 Form 15 substituted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2005 Sch. 4
sch. 1 Ch. 26 inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act 2006 etc.) 2006 para. 5(2)
Sch. 1 rule 26.1(2)(e) inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act (Sexual Orientation) Regulations 2007) 2007 para. 5(2)
Sch. 1 rule 26.1(2)(d) substituted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act (Sexual Orientation) Regulations 2007) 2007 para. 5(3)
Sch. 1 rule 1.1(2) words inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 para. 5(2)
Sch. 1 rule 9.2(3)(d) inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 para. 5(3)
Sch. 1 rule 27.1(2) words inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 para. 5(4)
Sch. 1 Ch. 17A inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 para. 5(5)
Sch. 1 Appendix 1 Form 16 substituted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 Sch. 3 Pt. 1
Sch. 1 Appendix 1 Form 16B-16F inserted by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 Sch. 3 Pt. 2
Sch. 1 rule 6.5(15) substituted by Act of Sederunt (Sheriff Court Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Council Regulation (EC) No. 1348 of 2000 Extension to Denmark) 2007 para. 5(2)
Sch. 1 rule 6.5(4) words substituted by Act of Sederunt (Sheriff Court Rules) 2008 para. 10(a)
Sch. 1 rule 6.5(12)(b) words substituted by Act of Sederunt (Sheriff Court Rules) 2008 para. 10(a)
Sch. 1 rule 6.5(15) substituted by Act of Sederunt (Sheriff Court Rules) 2008 para. 10(b)
Sch. 1 rule 26.4 omitted by Act of Sederunt (Sheriff Court Rules) 2008 para. 7(3)(c)
Sch. 1 Appendix 1 Form 14A 14B 14C inserted by Act of Sederunt (Sheriff Court Rules) 2008 sch. 4
Sch. 1 rule 8.2(1A) inserted by Act of Sederunt (Sheriff Court Rules) 2009 para. 5(3)(a)
Sch. 1 rule 8.2(2) words substituted by Act of Sederunt (Sheriff Court Rules) 2009 para. 5(3)(b)
Sch. 1 rule 8.2(4) substituted by Act of Sederunt (Sheriff Court Rules) 2009 para. 5(3)(c)
Sch. 1 Appendix 1 Form 13 substituted by Act of Sederunt (Sheriff Court Rules) 2009 para. 5(4) Sch. 6
Sch. 1 rule 4.4(4) words omitted by Act of Sederunt (Sheriff Court Rules) 2009 para. 12(2)
Sch. 1 rule 21.6(2) words substituted by Act of Sederunt (Sheriff Court Rules Amendment) (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) 2009 para. 5(3)
sch. 1 Appendix 1 Form 9b 9c substituted by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009 Sch. 5
Sch. 1 rule 6.4(1)(b)(i) words substituted by Act of Sederunt (Sheriff Court Rules) 2011 para. 5(2)(a)
Sch. 1 rule 6.4(2)(b) substituted by Act of Sederunt (Sheriff Court Rules) 2011 para. 5(2)(b)
Sch. 1 rule 6.4(7) inserted by Act of Sederunt (Sheriff Court Rules) 2011 para. 5(2)(c)
Sch. 1 rule 22.01 substituted by Act of Sederunt (Sheriff Court Rules) 2011 para. 17(2)
Sch. 1 Appendix 1 Form 20 words omitted by Act of Sederunt (Sheriff Court Rules) 2011 para. 17(3)(a)
Sch. 1 Appendix 1 Form 20a words omitted by Act of Sederunt (Sheriff Court Rules) 2011 para. 17(3)(a)
Sch. 1 Appendix 1 Form 20 asterisk inserted by Act of Sederunt (Sheriff Court Rules) 2011 para. 17(3)(b)
Sch. 1 Appendix 1 Form 20a asterisk inserted by Act of Sederunt (Sheriff Court Rules) 2011 para. 17(3)(b)
Sch. 1 rule 18.1(3) inserted by Act of Sederunt (Sheriff Court Rules) 2012 para. 8(2)(c)
Sch. 1 rule 21.6(1)(c) omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(2)(a)(ii)
Sch. 1 rule 21.6(6) words omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(2)(b)
Sch. 1 rule 21.6(9)(b) words omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(2)(c)
Sch. 1 rule 21.6(10) words omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(2)(d)
Sch. 1 rule 21.6(11) omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(2)(e)
Sch. 1 rule 21.6(12) words omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(2)(f)
Sch. 1 rule 21.6(13) words omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(2)(g)
Sch. 1 rule 21.6(15) words omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(2)(h)
Sch. 1 rule 23.1(1) words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(a)(i)(aa)
Sch. 1 rule 23.1(1) words omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(a)(i)(bb)
Sch. 1 rule 23.1(2) words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(a)(ii)
Sch. 1 rule 23.1(3) words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(a)(iii)
Sch. 1 rule 23.1(10) substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(a)(iv)
Sch. 1 rule 23.1 heading substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(a)(v)
Sch. 1 rule 23.2 23.3 omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(b)
Sch. 1 rule 23.4(1) words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(c)(i)
Sch. 1 rule 23.4(2) words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(c)(ii)
Sch. 1 rule 23.4(5) omitted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(3)(c)(iii)
Sch. 1 Appendix 1 Form 21 words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(4)(a)(i)
Sch. 1 Appendix 1 Form 21 words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(4)(a)(ii)
Sch. 1 Appendix 1 Form 22 words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(4)(b)
Sch. 1 Appendix 1 Form 23 words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(4)(c)
Sch. 1 Appendix 2 words substituted by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 para. 12(5)

(1)

At any time after a summons has been served, a party may make an incidental application in writing to the sheriff to grant commission and diligence to recover documents.

(2)

A party who makes an application in accordance with paragraph (1) must list in the application the documents which he wishes to recover.

(3)

The sheriff may grant commission and diligence to recover those documents in the list mentioned in paragraph (2) which he considers relevant to the claim.