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Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009

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Pronouncement of decision

22.—(1) At the conclusion of the proof the sheriff may—

(a)pronounce a decision; or

(b)reserve judgment.

(2) If the sheriff pronounces his decision at the end of the proof, he—

(a)must state briefly the grounds of his decision, including the reasons for his decision on any questions of fact or law or of admissibility of evidence; and

(b)may, and if requested to do so by one of the parties must, append to the interlocutor a note setting out those matters and his findings in fact and law.

(3) If the sheriff pronounces his decision after reserving judgment, he must give to the sheriff clerk within 4 weeks of the conclusion of the proof—

(a)an interlocutor giving effect to his decision and incorporating findings in fact and law; and

(b)a note setting out the matters mentioned in paragraph (2)(a).

(4) The sheriff clerk must forthwith send copies of the documents mentioned in paragraph (2) or (3) to each of the parties.

(5) The sheriff principal may extend the period mentioned in paragraph (3) for such further period as he considers reasonable.

(6) Where the sheriff reserves his decision—

(a)the date of the interlocutor of the sheriff shall be the date on which it is received by the sheriff clerk; and

(b)the sheriff clerk shall enter that date in the interlocutor.

(7) If the question of expenses has been reserved the sheriff must deal with that issue within 21 days of the date of the interlocutor disposing of the merits of the application.

(8) In any case in which a serial number has been assigned to the petitioner under rule 10 or where the sheriff so directs, any document issued under this rule shall not disclose the identity of the petitioner.

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