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Paragraph 8.16 Incidental appeal against rulings on confidentiality of evidence and production of documents

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

(1)

Where a party or any other person objects to the admissibility of oral or documentary evidence on the ground of confidentiality or to the production of a document on any ground, he may, if dissatisfied with the ruling of the sheriff on the objection, express immediately his formal dissatisfaction with the ruling and, with leave of the sheriff, appeal to the sheriff principal.

(2)

The sheriff principal shall dispose of an appeal under paragraph (1) with the least possible delay.

(3)

Except as provided in paragraph (1), no appeal may be made during a proof against any decision of the sheriff as to the admissibility of evidence or the production of documents.

(4)

The appeal referred to in paragraph (1) shall not remove the action from the sheriff who may proceed with the action in relation to any issue which is not dependent on the ruling appealed against.