Paragraph 53.2 PartiesF1

(1)

The pursuer must call as a defender every person who (so far as known to the pursuer) has an interest in the document to be proved.

(2)

Where only the pursuer has such an interest, the pursuer must call the Lord Advocate as a defender, as representing the public interest.

Annotations

F1: Sch. 1 Chs. 53, 54 inserted (25.5.2015) by Act of Sederunt (Ordinary Cause Rules Amendment) (Proving the Tenor and Reduction) 2015 (S.S.I. 2015/176), paras. 1(2), 2(3)

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)

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