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Paragraph 33A.36O Exchange of lists of witnessesF1

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

(1)

Not later than 7 days before the Full Case Management Hearing, each party must—

(a)

intimate to every other party a list of witnesses, including any skilled witnesses, on whose evidence they intend to rely at proof;

(b)

lodge a copy of that list in process.

(2)

A party who seeks to rely on the evidence of a person not on the list intimated under paragraph (1)(a) must, if any other party objects to such evidence being admitted, seek leave of the sheriff to admit that evidence; and such leave may be granted on such conditions, if any, as the sheriff thinks fit.

(3)

The list of witnesses intimated under paragraph (1)(a) must include—

(a)

the name, occupation (where known) and address of each witness;

(b)

a summary of up to 50 words on the matters to which each witness is expected to speak;

(c)

details of whether the witness is considered to be a vulnerable witness within the meaning of section 11(1) of the Vulnerable Witnesses (Scotland) Act 2004 and whether any child witness notice under section 12(2) of that Act or vulnerable witness application under section 12(6) of that Act has been lodged in respect of that witness.

Annotations

Textual amendments

F1

Sch. 1 rules 33A.36A-33A.36Q inserted (25.9.2023) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 (S.S.I. 2022/289), paras. 1(2), 2(24) (with para. 3)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5