Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) 2021
| Jurisdiction | Scotland |
| Citation | SSI 2021/22 |
| Year | 2021 |
2021 No. 22
Court Of Session
Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) 2021
Made 18th January 2021
Laid before the Scottish Parliament 20th January 2021
Coming into force 22th February 2021
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 20131, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 103(1) of the Courts Reform (Scotland) Act 20142and all other powers enabling it to do so.
Citation and commencement, etc.
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) 2021.
(2) It comes into force on 22nd February 2021.
(3) A certified copy is to be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session 1994
2.—(1) The Rules of the Court of Session 19943are amended in accordance with this paragraph.
(2) In rule 49.33(3) (adjustment after interlocutor)4, for “28” substitute “56”.
(3) After rule 49.33 insert—
“Lodging of productions and witness lists
49.33A.—(1) Rule 4.5 (productions) and rule 36.3 (lodging productions) do not apply to a family action.
(2) Where a proof has been allowed in a family action—
(a)
(a) copies of all productions which are intended to be used at the proof must be intimated to every other party not later than 56 days before the diet of proof;
(b)
(b) an inventory of productions which are intended to be used at the proof must be intimated to every other party and lodged in process not later than 56 days before the diet of proof; and
(c)
(c) the productions included in the inventory of productions must be lodged in process no later than 14 days before the diet of proof.
(3) A production may be intimated and lodged electronically with the permission of, and in accordance with directions given by, the judge.
(4) A production lodged in hard copy must be—
(a)
(a) marked with a number of process with the cause reference number assigned to the principal writ; and
(b)
(b) if consisting of more than one sheet, securely fastened together.
(5) A production which is not intimated and lodged in accordance with paragraph (2) must not be used or put in evidence at a proof without—
(a)
(a) consent of the parties; or
(b)
(b) leave of the court on cause shown and on such conditions, if any, as to expenses or otherwise as the court thinks fit.
(6) Not later than...
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