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Rule 29.11 Lodging productions

Scotland

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

(1)

Where a proof has been allowed, all productions F1and affidavits which are intended to be used at the proof shall be lodged in process not later than F228 days before the diet of proof.

(2)

A production which is not lodged in accordance with paragraph (1) shall not be used or put in evidence at a proof unless—

(a)

by consent of parties; or

(b)

with leave of the sheriff on cause shown and on such conditions, if any, as to expenses or otherwise as the sheriff thinks fit.

Annotations

Textual amendments

F1

Words in Sch. 1 rule 29.11(1) inserted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(12)

F2

Word in Sch. 1 rule 29.11(1) substituted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), art. 2(8)

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