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Paragraph 18.7 Letter of request

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

(1)

This rule applies to an application for a letter of request to a court or tribunal outside Scotland to obtain evidence of the kind specified in paragraph (2), being evidence obtainable within the jurisdiction of that court or tribunal, for the purpose of an action depending before the sheriff.

(2)

An application to which paragraph (1) applies may be made in relation to a request–

(a)

for the examination of a witness;

(b)

for the inspection, photographing, preservation, custody, detention, production or recovery of, or the taking of samples of, or the carrying out of any experiment on or with, a document or other property, as the case may be;

(c)

for the medical examination of any person;

(d)

for the taking and testing of samples of blood from any person; or

(e)

for any other order for obtaining evidence,

for which an order could be obtained from the sheriff.

(3)

Such an application must be made by minute in Form 25 together with a proposed letter of request in Form 25a.

(4)

It shall be a condition of granting a letter of request that any solicitor for the applicant, or a party litigant, as the case may be, is to be personally liable, in the first instance, for the whole expenses which may become due and payable in respect of the letter of request to the court or tribunal obtaining the evidence and to any witness who may be examined for the purpose; and he must consign into court such sum in respect of such expenses as the sheriff thinks fit.

(5)

Unless the court or tribunal to which a letter of request is addressed is a court or tribunal in a country or territory–

(a)

where English is an official language; or

(b)

in relation to which the sheriff clerk certifies that no translation is required,

then the applicant must, before the issue of the letter of request, lodge in process a translation of that letter and any interrogatories and cross-interrogatories into the official language of that court or tribunal.

(6)

The letter of request when issued, any interrogatories and cross-interrogatories and the translations (if any) must be forwarded by the sheriff clerk to the Foreign and Commonwealth Office or to such person and in such manner as the sheriff may direct.