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Paragraph 17.1 Lodging of productions

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

(1)

A party who intends to rely at a proof upon any documents or articles in his possession, which are reasonably capable of being lodged with the court, must–

(a)

lodge them with the sheriff clerk together with a list detailing the items no later than 14 days before the proof; and

(b)

at the same time send a copy of the list to the other party.

(2)

The documents referred to in paragraph (1) include any affidavit or other written statement admissible under section 2(1) of the Civil Evidence (Scotland) Act 1988f1.

(3)

A party lodging a document under this rule must send a copy of it to every other party, unless it is not practicable to do so.

(4)

Subject to paragraph (5), only documents or articles produced–

(a)

in accordance with paragraph (1) (and, if it was a document to which rule 8.5(1) applies, was on the list lodged in accordance with that rule);

(b)

at a hearing under rule 8.2; or

(c)

under rule 18.2(2) or (3),

may be used or put in evidence.

(5)

Documents other than those mentioned in paragraph (4) may be used or put in evidence only with the–

(a)

consent of the parties; or

(b)

permission of the sheriff on cause shown, and on such terms as to expenses or otherwise as to him seem proper.

Annotations

Footnotes

f1

1988 c. 32.