SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

General and administration

CHAPTER 6THE ROLLS

Fixing and allocation of diets in Outer House6.2

–

1

This rule applies to the fixing and allocation of diets in the Outer House.

2

The court shall not proceed to fix a diet where–

a

a proof is allowed;

b

issues are approved; or

c

a cause is appointed to the Procedure Roll.

3

Subject to paragraph (4), a cause appointed to the Procedure Roll may be put out for hearing by the Keeper of the Rolls in the course of any week where, unless the parties otherwise agree, the diet has been published in the rolls on Thursday of the preceding week.

4

Where a hearing on the Procedure Roll is anticipated to be of some length or complexity, the parties may arrange a fixed diet with the Keeper of the Rolls.

5

As soon as convenient after the allowance of a proof or the approval of issues, the Keeper of the Rolls shall publish in the rolls a list of causes in which diets for proof or jury trial are to be fixed or allocated.

6

Within 28 days after the appearance of a cause on a list published under paragraph (5), each party shall ensure that Form 6.2 is completed and sent to the Keeper of the Rolls.

7

The Keeper of the Rolls may allocate a diet of proof or jury trial having regard to the information provided in Form 6.2.

8

If a party fails to comply with paragraph (6), the Keeper of the Rolls may put the cause out on the By Order Roll before the Lord Ordinary.

9

At a hearing on the By Order Roll under paragraph (8), the Lord Ordinary shall–

a

seek an explanation as to why Form 6.2 was not completed and sent timeously to the Keeper of the Rolls;

b

ascertain the information sought in Form 6.2, if not already ascertained by the Keeper of the Rolls;

c

require the production of a completed Form 6.2, if not already in the hands of the Keeper of the Rolls; and

d

make such order as to expenses, if any, as he thinks fit.

10

Where Form 6.2 is completed and sent to the Keeper of the Rolls before the hearing on the By Order Roll under paragraph (8), the Keeper of the Rolls may cancel that hearing.

11

Where, at any time after Form 6.2 has been completed and sent to the Keeper of the Rolls, a party’s estimate of the likely length of the proof or jury trial alters materially, that party shall inform the Keeper of the Rolls of the new estimated length.

12

On the allocation of a diet of proof or jury trial, the Keeper of the Rolls shall–

a

give written intimation of that diet to each party; and

b

cause the date of th e diet to be inserted in the interlocutor which allowed the proof or jury trial.

13

An application for the allocation of a special diet may be made to the Keeper of the Rolls–

a

on cause shown;

b

of consent of all parties; and

c

before a diet has been allocated under a preceding paragraph of this rule.

14

Where an application under paragraph (13) is refused, the parties may bring the application before the Lord President; and the Lord President, or a judge nominated by him, shall determine the application in chambers.

15

Parties shall attend on the Keeper of the Rolls for the purpose of fixing a diet for–

a

a proof or jury trial in a cause of exceptional length or complexity;

b

an undefended proof;

c

a continued proof;

d

a continued hearing; or

e

a hearing on evidence.