Witness Citations Flashcards
How is a witness cited for proof?
By registered or first class post (Solicitor)
(S.o)
Personal
Left with resident at home or employee at p.o.b
Depositing at home or p.o.b
Affixing at home or p.o.b
By registered or first class post
When service is effected by depositing or affixing what must be done?
Send copy of citation by ordinary post to most likely address
What gives s.o authority to cite a witness?
Certified copy of the interlocutor (CCI)
Period of notice for citing a witness and procedure?
Notice of 7 days in Form G13 and party citing witness lodges certificate of citation in Form G12
Under summary cause, what if the forms used for citation of a witness or haver?
Citation in Form 26 and certificate in Form 26a
Under summary cause, what is sufficient warrant for citation?
When the summons or copy is served on the defender.
Period of notice given to witness or haver? (Sc)
No less than 7 days
Under simple procedure, when is warrant for citation of witnesses gained?
A claim being registered and response form being registered
When a sheriff orders a witness to be brought to court, this means?
A warrant for the apprehension of that witness is ordered
Is a warrant effective in all sheriffdoms? And what does this also mean?
Yes and expenses of it may be awarded against the witness.
What is the form used for list of witnesses and time period?
Parties must send each other a list of witnesses form in Form 11A at least 2 weeks before the hearing.
How is a party cited to appear at a hearing and in what time period?
Witness citation notice in Form 11B and at least 3 weeks before the hearing.
Form used in solemn proceedings to for a witness citation by post?
Form 8.2-D and witness returns Form 8.2-E to pf within 14days after date of citation.
Solemn proceedings, personal citation of a witness
Form 8.2-F
Form used for citation of a witness served by s.o under solemn proceedings?
Form 2.6-C
