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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Applications out of time

39.2.  (1)  Where an application for a new trial under section 29(1) of the Act of 1988 is made outwith the period specified in rule 39.1(1) the motion made in accordance with that rule shall include an application to allow the motion to be received and for leave to proceed out of time.

(2) Where the court grants an application under paragraph (1), it shall–

(a)where the motion has been opposed as incompetent, make such order as may be made under rule 39.3(2); or

(b)where no such opposition has been marked, appoint the cause to the Summar Roll for hearing or dispose of the motion in the Single Bills.

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