# Sheriff Courts (Scotland) Act 1907, Rule 28.2: Applications for commission and diligence for recovery of documents or for orders under section 1 of the Act of 1972

Extent: S

(1) An application by a party for—
(a) a commission and diligence for the recovery of a document, or
(b) an order under section 1 of the Act of 1972,
shall be made by motion.
(2) At the time of lodging a motion under paragraph (1), a specification of—
(a) the document or other property sought to be inspected, photographed, preserved, taken into custody, detained, produced, recovered, sampled or experimented on or with, as the case may be, or
(b) the matter in respect of which information is sought as to the identity of a person who might be a witness or a defender,
shall be lodged in process.
(3) A copy of the specification lodged under paragraph (2) and the motion made under paragraph (1) shall be intimated by the applicant to–
(a) every other party;
(b) in respect of an application under section 1(1) of the Act of 1972, any third party haver; and
(c) where necessary–
(i) the Advocate General for Scotland (in a case where the document or other property sought is in the possession of either a public authority exercising functions in relation to reserved matters within the meaning of Schedule 5 to the Scotland Act 1998, or a cross-border public authority within the meaning of section 88(5) of that Act); or
(ii) the Lord Advocate (in any other case),
and, if there is any doubt, both.
(4) Where the sheriff grants a motion made under paragraph (1) in whole or in part, he may order the applicant to find such caution or give such other security as he thinks fit.
(5) The Advocate General for Scotland or the Lord Advocate or both, as appropriate, may appear at the hearing of any motion under paragraph (1).

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/1/chapter/28/rule/28.2 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-1/chapter-28/rule-28.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.