Act of Sederunt (Sheriff Appeal Court Rules) 2015

Transmission of sheriff court process

7.15.—(1) The Court may order that the sheriff court process, or any part of it, is to be transmitted to the Clerk—

(a) of its own accord;

(b) on cause shown, where any party to the appeal applies for such an order by motion.

(2) Where the Court makes such an order, the Clerk must send a copy of the order to the sheriff clerk.

(3) Within 4 days after receipt of the order, the sheriff clerk must—

(a) send written notice to each party to the cause;

(b) certify on the interlocutor sheet that subparagraph (a) has been complied with;

(c) transmit the sheriff court process, or the specified part of it, to the Clerk.

(4) On receipt of the sheriff court process, the Clerk must—

(a) mark the date of receipt on—

(i) the interlocutor sheet or the copy record from the sheriff court books, where the entire process is transmitted;

(ii) the part of process that has been transmitted, where the Court has specified that only part of the process is to be transmitted;

(b) send written notice of that date to the appellant.

(5) Where the Clerk or a sheriff clerk fails to comply with this rule—

(a) that does not affect the validity of the appeal;

(b) the Court may, as it thinks fit, make an order to enable the appeal to proceed as if the failure had not occurred.