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Paragraph 17.5 Citation of witnesses by party litigants

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

(1)

Where a party to a claim is a party litigant he shall–

(a)

not later than 28 days before any hearing on evidence apply to the sheriff to fix caution for expenses in such sum as the sheriff considers reasonable having regard to the number of witnesses he proposes to cite and the period for which they may be required to attend court; and

(b)

before instructing a solicitor or a sheriff officer to cite a witness, find the sum fixed in accordance with paragraph (1)(a).

(2)

A party litigant who does not intend to cite all the witnesses referred to in his application under paragraph (1)(a) may apply for variation of the amount of caution.