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Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2000

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Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Rules of the Court of Session as follows:

(a)paragraph 2(2) corrects the number of the rule added after rule 1.3 as rule 1.4 and places it in its correct position in Chapter 1 after the existing rule 1.4;

(b)paragraph 2(3) amends rule 25A.6 to the effect that a relevant authority even if he has not taken part as a party in proceedings in response to service on him of a devolution issues notice, may still be allowed by the court to take part as a party in any subsequent appeal, reclaiming motion or reference to a higher court.

(c)paragraph 2(4) amends rule 38.3 to the effect that if an interlocutor which does not deal with, or which reserves, the question of expenses is appealed against, a party who wishes the question of expenses to be dealt with at the time the appeal is lodged rather than at a later date may apply by motion to the Lord Ordinary to that effect within 14 days of the lodging of the appeal;

(d)paragraph 2(5) amends rule 38.8(1), in consequence of the amendment made by paragraph 2(4), to make it clear that an interlocutor of the Lord Ordinary disposing of a motion under rule 38.3(2A) may be reviewed at the same time as the main reclaiming motion is heard;

(e)paragraph 2(6) amends rule 43.31 so that the medical records which require to be lodged no longer have to be lodged at the time of signeting; they may now be lodged at any time up to the calling of the summons;

(f)paragraph 2(7) amends rule 47.9 to enable the commercial judge to withdraw a case from the commercial roll and appoint it to proceed as an ordinary action if he is satisfied that it is not really a commercial action;

(g)paragraph 2(8) amends rule 73.2 to make it clear that an application for rectification of documents can be made in a counterclaim.

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