Sheriff Courts (Scotland) Act 1907

Commissions for examination of witnesses S

28.10. (1) This rule applies to a commission—

(a) to take the evidence of a witness who—

(i) is resident beyond the jurisdiction of the court;

(ii) although resident within the jurisdiction of the court, resides at some place remote from that court; or

(iii) by reason of age, infirmity or sickness, is unable to attend the diet of proof; or

(b) in respect of the evidence of a witness which is in danger of being lost, to take the evidence to lie in retentis.

(2) An application by a party for a commission to examine a witness shall be made by motion; and that party shall specify in the motion the name and address of at least one proposed commissioner for approval and appointment by the sheriff.

(3) The interlocutor granting such a commission shall be sufficient authority for citing the witness to appear before the commissioner.

(4) At the commission, the commissioner shall—

(a) administer the oath de fideli administratione to any shorthand writer appointed for the commis sion; and

(b) administer to the witness the oath in Form G14, or where the witness elects to affirm, the affirmation in Form G15.

(5) Where a commission is granted for the examination of a witness, the commission shall proceed without interrogatories unless, on cause shown, the sheriff otherwise directs.