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PART 7SPECIAL APPEAL PROCEEDINGS

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

Appendices to print: contents

28.9.—(1) The applicant must lodge an appendix to the print mentioned in rule 28.2(4)(a) no later than 7 days before the procedural hearing, unless rule 28.10(1) (giving notice that applicant considers appendix unnecessary) is complied with.

(2) The appendix is to contain—

(a)any document lodged in the sheriff court process that is founded upon in the application for a new trial;

(b)the notes of evidence from the trial, if it is sought to submit them for consideration by the Court.

(3) Where the sheriff’s note has not been included in the print and it subsequently becomes available, the applicant must—

(a)include it in the appendix where the appendix has not yet been lodged; or

(b)lodge a supplementary appendix containing the sheriff’s note.

(4) The parties must—

(a)discuss the contents of the appendix;

(b)so far as possible, co-operate in making up the appendix.