- Latest available (Revised)
- Original (As made)
Act of Sederunt (Sheriff Appeal Court Rules) 2021
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
There are currently no known outstanding effects for the Act of Sederunt (Sheriff Appeal Court Rules) 2021, CHAPTER 13.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
CHAPTER 13SMOTIONS: GENERAL
InterpretationS
13.1.—(1) In this Chapter, Chapter 14 and Chapter 15—
“court day” means a day on which the office of the Clerk is open;
“court day 1” means the court day on which a motion is treated as being intimated under rule 14.1;
“court day 3” means the second court day after court day 1;
“court day 4” means the third court day after court day 1;
“lodging party” means the party lodging the motion;
“receiving party” means a party receiving the intimation of the motion from the lodging party;
“transacting motion business” means—
(a)
intimating and lodging motions;
(b)
receiving intimation of motions;
(c)
intimating consent or opposition to motions;
(d)
receiving intimation of opposition to motions.
(2) In this Chapter and Chapter 14, a reference to—
(a)the address of a party is a reference to the email address included in the list maintained under rule 13.5(4) of either—
(i)that party’s solicitor; or
(ii)that party;
(b)the address of the court is a reference to the email address of the court included in that list under rule 13.5(5).
Commencement Information
I1Para. 13.1 in force at 6.1.2022, see para. 1.1(2)
Making of motionsS
13.2. A motion may be made either—
(a)orally, in accordance with rule 13.3; or
(b)in writing, in accordance with rule 13.4.
Commencement Information
I2Para. 13.2 in force at 6.1.2022, see para. 1.1(2)
Oral motionsS
13.3.—(1) A motion may be made orally during any hearing.
(2) Such a motion may only be made with leave of the Court.
Commencement Information
I3Para. 13.3 in force at 6.1.2022, see para. 1.1(2)
Written motionsS
13.4.—(1) A motion in writing is made by lodging it with the Clerk in accordance with Chapter 14 or Chapter 15.
(2) Chapter 14 applies where each party to an appeal has provided to the Clerk an email address for the purpose of transacting motion business.
(3) Chapter 15 applies where a party to an appeal has not provided to the Clerk an email address for the purpose of transacting motion business.
Commencement Information
I4Para. 13.4 in force at 6.1.2022, see para. 1.1(2)
Provision of email addresses to the ClerkS
13.5.—(1) A solicitor representing a party in an appeal must provide to the Clerk an email address for the purpose of transacting motion business.
(2) A solicitor who does not have suitable facilities for transacting motion business by email may make a declaration in writing to that effect, which must be—
(a)sent to the Clerk;
(b)intimated to each of the other parties to the appeal.
(3) A party who is not represented by a solicitor may provide to the Clerk an email address for the purpose of transacting motion business.
(4) The Clerk must maintain a list of the email addresses provided for the purpose of transacting motion business, which must be published in up to date form on the website of the Scottish Courts and Tribunals Service.
(5) The Clerk must also include on that list an email address of the Court for the purpose of lodging motions.
Commencement Information
I5Para. 13.5 in force at 6.1.2022, see para. 1.1(2)
Grounds for written motionS
13.6. A motion in writing must specify the grounds on which it is made.
Commencement Information
I6Para. 13.6 in force at 6.1.2022, see para. 1.1(2)
Determination of unopposed motions in writingS
13.7.—(1) The Clerk may determine any unopposed motion in writing other than a motion which seeks a final interlocutor.
(2) Where the Clerk considers that such a motion should not be granted, the Clerk must refer the motion to the procedural Appeal Sheriff.
(3) The procedural Appeal Sheriff is to determine—
(a)a motion referred under paragraph (2);
(b)an unopposed motion which seeks a final interlocutor,
in chambers without the appearance of parties, unless the procedural Appeal Sheriff otherwise determines.
Commencement Information
I7Para. 13.7 in force at 6.1.2022, see para. 1.1(2)
Issuing of orders by emailS
13.8. Where the Court makes an order determining a motion which was lodged in accordance with Chapter 14, the Clerk must email a copy of the order to the addresses of the lodging party and every receiving party.
Commencement Information
I8Para. 13.8 in force at 6.1.2022, see para. 1.1(2)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Chapter only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.