Sheriff Courts (Scotland) Act 1907

CHAPTER 22 S PRELIMINARY PLEAS

Note of basis of preliminary plea S

22.1. (1) A party intending to insist on a preliminary plea shall, not later than 3 days before the Options Hearing under rule 9.12 or the Procedural Hearing under rule 10.6—

(a) lodge in process a note of the basis for the plea; and

(b) intimate a copy of it to every other party.

[F1 (2) Where the Options Hearing is continued under rule 9.12(5) and a preliminary plea is added by adjustment, a party intending to insist on that plea shall, not later than 3 days before the date of the Options Hearing so continued–

(a) lodge in process a note of the basis for the plea; and

(b) intimate a copy of it to every other party.]

[F2 (3)] If a party fails to comply with paragraph (1) [F3 or (2)], he shall be deemed to be no longer insisting on the preliminary plea; and the plea shall be repelled by the sheriff at the Options Hearing or Procedural Hearing.

[F2 (4)] At any proof before answer or debate, parties may [F4 on cause shown] raise matters in addition to those set out in the note mentioned in paragraph (1) [F3 or (2)].

[F5 (5) Where a note of the basis of a preliminary plea has been lodged under paragraph (1), and the Options Hearing is continued under rule 9.12(5), unless the basis of the plea has changed following further adjustment, it shall not be necessary for a party who is insisting on the plea to lodge a further note before the Options Hearing so continued.]

Textual Amendments

F1 Rule 22.1(2) inserted (1.11.1996) by S.I. 1996/2445, para. 3(29)(b)

F2 Rule 22.1(2)(3) renumbered as rule 22.1(3)(4) (1.11.1996) by S.I. 1996/2445, para. 3(29)(a)

F3 Words in rule 22.1(3)(4) (as renumbered) inserted (1.11.1996) by S.I. 1996/2445, para. 3(29)(c)

F4 Words in Sch. 1 rule 22.1(4) inserted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(8)

F5 Rule 22.1(5) inserted (1.11.1996) by S.I. 1996/2445, para. 3(29)(d)