Act of Sederunt (Small Claim Rules) 2002

Documents and productions to be retained in custody of sheriff clerk

16.4.—(1) This rule applies to all documents or other productions which have at any time been lodged or referred to during a hearing.

(2) The sheriff clerk must retain in his custody any document or other production mentioned in paragraph (1) until–

(a) after the expiry of the period during which an appeal is competent; and

(b) any appeal lodged has been disposed of.

(3) Each party who has lodged productions in a claim shall–

(a) after the final determination of the claim, where no appeal has been lodged, within 14 days after the appeal period has expired; or

(b) within 14 days after the disposal of any appeal lodged on the final determination of the claim,

uplift the productions from the sheriff clerk.

(4) Where any production has not been uplifted as required by paragraph (3), the sheriff clerk shall intimate to–

(a) the solicitor who lodged the production; or

(b) where no solicitor is acting, the party himself or such other party as seems appropriate,

that if he fails to uplift the production within 28 days after the date of such intimation, it will be disposed of in such manner as the sheriff directs.