Paragraph 54.3 Production: objection by defenderF1
This rule applies where a defender objects to satisfying a crave for production of a document sought to be reduced.
The defender must state in the defences—
the grounds of objection; and
any defence on the merits of the action.
The defender is not required to satisfy a crave for production at the time of lodging defences.
Where the sheriff repels or reserves an objection to satisfying a crave for production, the defender must be ordered to satisfy that crave within such period as the sheriff thinks fit.
Where the defender, following that order, lodges in process any document, a motion to hold production satisfied (or satisfied in respect of the document lodged) must also be made.
Where the defender does not comply with that order, the pursuer may make a motion for decree by default.
Annotations
Textual amendments
- 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)
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