Rule 3.1.3 Accompanying documentsF1

The applicant shall lodge with the summary application–

(a)

an affidavit supporting the averments in the summary application; and

(b)

an undertaking by the applicant that he–

(i)

will comply with any order of the sheriff as to payment of compensation if it is subsequently discovered that the order, or the implementation of the order, has caused loss to the respondent or, where the haver is not the respondent, to the haver;

(ii)

will bring within a reasonable time of the execution of the order any proceedings which he decides to bring; and

(iii)

will not, without leave of the sheriff, use any information, documents or other property obtained as a result of the order, except for the purpose of any proceedings which he decides to bring and to which the order relates.

Annotations

Textual amendments

F1: Rules 3.1.3-3.1.12 inserted (20.11.2000) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 2) (Administration of Justice (Scotland) Act 1972) 2000 (S.S.I. 2000/387), paras. 1(1), 2(4)