# Act of Sederunt (Summary Cause Rules) 2002, Paragraph 18.1: Diligence for recovery of documents


(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) A copy of the incidental application made under paragraph (1) must be intimated by the applicant to–
(a) every other party; and
(b) where necessary, the Advocate General for Scotland or the Lord Advocate (and if there is any doubt, both).
(4) The Advocate General for Scotland and the Lord Advocate may appear at the hearing of any incidental application under paragraph (1).
(5) The sheriff may grant commission and diligence to recover those documents in the list mentioned in paragraph (2) which he considers relevant to the action.

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Source: https://www.legislation.gov.uk/ssi/2002/132/schedule/1/paragraph/18.1 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-summary-cause-rules-2002/schedule-1/paragraph-18.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.