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PART 7SPECIAL APPEAL PROCEEDINGS

CHAPTER 28APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT

Application to enter jury verdict

28.14.—(1) This rule applies to an application under section 71(2) of the 2014 Act (verdict subject to opinion of the Court).

(2) Such an application is to be made in Form 28.14.

(3) When a motion under paragraph (2) is lodged, the party lodging it must also lodge—

(a)a print containing—

(i)the pleadings in the sheriff court process;

(ii)the interlocutors in the sheriff court process;

(iii)the issues and counter-issues;

(b)the verdict of the jury;

(c)any exception and the determination on it of the sheriff presiding at the trial;

(d)a process made up in accordance with paragraph 4 of Schedule 1 (form of process).

(4) Unless the procedural Appeal Sheriff otherwise directs—

(a)it is not necessary for the purposes of such a motion to print the notes of evidence; but

(b)the notes of the sheriff presiding at the trial may be produced at any time if required.

(5) The procedural Appeal Sheriff may refer an application referred to in paragraph (1) to the Court in cases of complexity or difficulty.