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Act of Sederunt (Sheriff Appeal Court Rules) 2015

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Taking proof in the course of an appeal

23.1.—(1) If it is considered necessary, proof or additional proof may be ordered—

(a)by the procedural Appeal Sheriff at a procedural hearing;

(b)by the Court in the course of an appeal hearing.

(2) Where the procedural Appeal Sheriff orders that proof or additional proof is to be taken—

(a)the procedural Appeal Sheriff is to appoint a date and time for a hearing for that to be done;

(b)so far as reasonably practicable, the hearing is to be before the procedural Appeal Sheriff who made the order.

(3) Where the Court orders that proof or additional proof is to be taken, the Court is to—

(a)remit the proof to be taken before any Appeal Sheriff;

(b)appoint a date and time for a hearing for that to be done;

(c)continue the appeal hearing until the Appeal Sheriff reports the proof to the Court.

(4) Where a hearing is fixed under this rule, the Clerk must notify the date and time of the hearing to the parties.

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