The Court of Session etc. Fees Order 2018

Exemption of certain motions from fees

7.—(1) This article applies to motions which are enrolled in the process of the cause or made orally at the bar in accordance with rule 23.2 of the Rules of Court (enrolment of motions).

(2) The fees specified in items B21 and C17 of the Table of Fees are not payable in respect of motions which operate solely so as to activate further steps of procedure and any opposition to such motions.

(3) Without prejudice to the generality of paragraph (2) above, a motion which is exempt from the payment of fees includes a motion under any of the following rules of the Rules of Court—

(a) rule 19.1 (decrees in absence);

(b) rule 22.3(5)(a) (closing record);

(c) rule 36.13 (death, disability, retiral, etc. of Lord Ordinary);

(d) rules 37.1(2)(b), 37.1(6) and 37.1(7) (applications for jury trial);

(e) rule 37.10 (application of verdicts); and

(f) rule 38.17(1) (amendment of pleadings in reclaiming motion).