Paragraph 38 Evidence on commission
(1)
The court may at any time, in the circumstances mentioned in paragraph (2), order that the evidence of any witness be taken on commission, with or without interrogatories, by a member of the court, the Principal Clerk, any clerk of court or any other person delegated or appointed by the court for the purposes of this paragraph.
(2)
The circumstances are—
(a)
that the evidence is in danger of being lost;
(b)
that the witness resides furth of Scotland;
(c)
that the witness is infirm (whether or not by reason of age); or
(d)
that in the opinion of the court there is other reasonable cause.