Act of Sederunt (Rules of the Court of Session 1994) 1994

Fixing and allocation of diets in Inner House

6.3.  –

(1) This rule applies to the fixing and allocation of diets in the Inner House.

(2) Within 28 days after a cause depending before the Inner House is appointed to the Summer Roll for hearing, each party shall ensure that Form 6.3 is completed and sent to the Keeper of the Rolls.

(3) The Keeper of the Rolls may fix or allocate a diet for a hearing on the Summar Roll, having regard to the information provided in Form 6.3.

(4) If a party fails to comply with paragraph (2), the Keeper of the Rolls may put the cause out on the By Order Roll before a Division of the Inner House.

(5) At a hearing on the By Order Roll under paragraph (4), the court shall–

(a) seek an explanation as to why Form 6.3 was not completed and sent timeously to the Keeper of the Rolls;

(b) ascertain the information sought in Form 6.3, if not already ascertained by the Keeper of the Rolls;

(c) require the production of a completed Form 6.3, if not already in the hands of the Keeper of the Rolls; and

(d) make such order as to expenses, if any, as it thinks fit.

(6) Where Form 6.3 is completed and sent to the Keeper of the Rolls before the hearing on the By Order Roll under paragraph (4), the Keeper of the Rolls may cancel that hearing.

(7) Where, at any time after Form 6.3 has been completed and sent to the Keeper of the Rolls, a party’s estimate of the likely length of the hearing alters materially, that party shall inform the Keeper of the Rolls of the new estimated length.

(8) On the allocation of a diet under this rule, the Keeper of the Rolls shall give written intimation of the diet allocated to each party.

(9) Not less than 5 weeks before the hearing of a cause on the Summar Roll, the Keeper of the Rolls shall put the cause out on the By Order Roll before a Division of the Inner House.

(10) At a hearing on the By Order Roll under paragraph (9), parties shall–

(a) advise the court whether or not the hearing on the Summar Roll is to proceed; and

(b) where such a hearing is to proceed, provide the court with a re-assessment of the likely duration of the hearing.