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Act of Sederunt (Sheriff Appeal Court Rules) 2021

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  1. Introductory Text

  2. PART 1 PRELIMINARY MATTERS

    1. CHAPTER 1 CITATION, COMMENCEMENT AND APPLICATION ETC.

      1. 1.1.Citation and commencement, etc.

      2. 1.2.Application

      3. 1.3.Interpretation

      4. 1.4.Computation of periods of time

      5. 1.5.Administrative provisions

      6. 1.6.Forms

  3. PART 2 GENERAL PROVISIONS

    1. CHAPTER 2 RELIEF FOR FAILURE TO COMPLY

      1. 2.1.Relief for failure to comply with rules

    2. CHAPTER 3 SANCTIONS FOR FAILURE TO COMPLY

      1. 3.1.Circumstances where a party is in default

      2. 3.2.Sanctions where a party is in default

    3. CHAPTER 4 REPRESENTATION AND SUPPORT

      1. 4.1.Representation and support

      2. 4.2.Legal representation

      3. 4.3.Lay representation: applications

      4. 4.4.Lay representation: functions, conditions and duties

      5. 4.5.Lay support: applications

      6. 4.6.Lay support: functions, conditions and duties

    4. CHAPTER 5 INTIMATION AND LODGING ETC.

      1. 5.1.Interpretation of this Chapter

      2. 5.2.Intimation

      3. 5.3.Methods of intimation

      4. 5.4.Methods of intimation: recorded delivery

      5. 5.5.Methods of intimation: by sheriff officer

      6. 5.6.Additional methods of intimation where receiving party represented by solicitor

      7. 5.7.Lodging

  4. PART 3 INITIATION AND PROGRESS OF AN APPEAL

    1. CHAPTER 6 INITIATION AND PROGRESS OF AN APPEAL

      1. 6.1.Application of this Chapter

      2. 6.2.Form of appeal

      3. 6.3.Time for appeal

      4. 6.4.Applications to appeal out of time

      5. 6.5.Order for intimation and answers

      6. 6.6.Cross-appeals

      7. 6.7.Urgent disposal procedure

      8. 6.8.Urgent disposal objection: determination

      9. 6.9.Questions about competency

      10. 6.10.Questions about competency: determination

      11. 6.11.Initial case management of appeals

      12. 6.12.Sist of appeals

    2. CHAPTER 7 PROCEDURE BEFORE THREE APPEAL SHERIFFS

      1. 7.1.Application of this Chapter

      2. 7.2.Timetable in appeal

      3. 7.3.Variation of timetable

      4. 7.4.Appeal print

      5. 7.5.Appendix to appeal print: contents

      6. 7.6.Appendix to appeal print considered unnecessary

      7. 7.7.Notes of argument

      8. 7.8.Estimates of duration of appeal hearing

      9. 7.9.Procedural hearing

      10. 7.10.Authorities

      11. 7.11.Transmission of sheriff court process

      12. 7.12.Extension of notes of evidence

      13. 7.13.Referral to family mediation

      14. 7.14.Application to transfer appeal to Chapter 8 procedure

    3. CHAPTER 8 PROCEDURE BEFORE ONE APPEAL SHERIFF

      1. 8.1.Application of this Chapter

      2. 8.2.Hearing of appeal

      3. 8.3.Notes of argument

      4. 8.4.Authorities

      5. 8.5.Application to transfer appeal to Chapter 7 procedure

  5. PART 4 DISPOSAL OF AN APPEAL

    1. CHAPTER 9 REFUSAL OF APPEAL DUE TO DELAY

      1. 9.1.Application to refuse appeal due to delay

      2. 9.2.Determination of application to refuse appeal due to delay

    2. CHAPTER 10 ABANDONMENT OF APPEAL

      1. 10.1.Application to abandon appeal

    3. CHAPTER 11 REMIT TO THE COURT OF SESSION

      1. 11.1.Application to remit appeal to the Court of Session

    4. CHAPTER 12 APPLICATIONS FOR PERMISSION TO APPEAL TO THE COURT OF SESSION

      1. 12.1.Application of this Chapter

      2. 12.2.Applications for permission to appeal

      3. 12.3.Applications for leave to appeal

  6. PART 5 INCIDENTAL PROCEDURE: STANDARD PROCEDURES

    1. CHAPTER 13 MOTIONS: GENERAL

      1. 13.1.Interpretation

      2. 13.2.Making of motions

      3. 13.3.Oral motions

      4. 13.4.Written motions

      5. 13.5.Provision of email addresses to the Clerk

      6. 13.6.Grounds for written motion

      7. 13.7.Determination of unopposed motions in writing

      8. 13.8.Issuing of orders by email

    2. CHAPTER 14 MOTIONS LODGED BY EMAIL

      1. 14.1.Intimation of motions by email

      2. 14.2.Opposition to motions

      3. 14.3.Consent to motions

      4. 14.4.Lodging unopposed motions

      5. 14.5.Lodging opposed motions by email

      6. 14.6.Variation of periods of intimation

    3. CHAPTER 15 MOTIONS LODGED BY OTHER MEANS

      1. 15.1.Intimation of motions by other means

      2. 15.2.Opposition to motions

      3. 15.3.Consent to motions

      4. 15.4.Lodging of motions

      5. 15.5.Joint motions

      6. 15.6.Hearing of opposed motions

      7. 15.7.Modification of Chapter 5

    4. CHAPTER 16 MINUTES

      1. 16.1.Application of this Chapter

      2. 16.2.Form and lodging of minute

      3. 16.3.Orders for intimation and answers

      4. 16.4.Consent to minute

      5. 16.5.Minutes of sist and transference

      6. 16.6.Applications to enter process as respondent

    5. CHAPTER 17 AMENDMENT OF PLEADINGS

      1. 17.1.Amendment of sheriff court pleadings

      2. 17.2.Amendment of note of appeal and answers etc.

    6. CHAPTER 18 WITHDRAWAL OF SOLICITORS

      1. 18.1.Interpretation of this Chapter

      2. 18.2.Giving notice of withdrawal to the Court

      3. 18.3.Arrangements for peremptory hearing

      4. 18.4.Peremptory hearing

    7. CHAPTER 19 CAUTION AND SECURITY

      1. 19.1.Application of this Chapter

      2. 19.2.Form of application to find caution or give security

      3. 19.3.Orders for caution or other security: time for compliance

      4. 19.4.Methods of finding caution or giving security

      5. 19.5.Cautioners and other guarantors

      6. 19.6.Form of bond of caution

      7. 19.7.Caution or other security: sufficiency and objections

      8. 19.8.Insolvency or death of cautioner or guarantor

      9. 19.9.Failure to find caution or give security

    8. CHAPTER 20 EXPENSES

      1. 20.1.Taxation of expenses

      2. 20.2.Time for lodging account of expenses

      3. 20.3.Diet of taxation

      4. 20.4.Auditor’s statement

      5. 20.5.Objections to taxed account

      6. 20.6.Decree for expenses in name of solicitor

      7. 20.7.Expenses of curator ad litem appointed to a respondent

    9. CHAPTER 21 QUALIFIED ONE-WAY COSTS SHIFTING

      1. 21.1.Application and interpretation of this Chapter

      2. 21.2.Application for an award of expenses

      3. 21.3.Award of expenses

      4. 21.4.Procedure

      5. 21.5.Award against legal representatives

  7. PART 6 INCIDENTAL PROCEDURE: SPECIAL PROCEDURES

    1. CHAPTER 22 DEVOLUTION ISSUES

      1. 22.1.Interpretation

      2. 22.2.Raising a devolution issue

      3. 22.3.Raising a devolution issue: intimation and service

      4. 22.4.Raising a devolution issue: permission to proceed

      5. 22.5.Participation by the relevant authority

      6. 22.6.Reference to the Inner House or Supreme Court

      7. 22.7.Reference to the Inner House or Supreme Court: further procedure

      8. 22.8.Reference to the Inner House or Supreme Court: procedure following determination

    2. CHAPTER 23 PRELIMINARY REFERENCES TO THE CJEU – CITIZENS’ RIGHTS

      1. 23.1.Interpretation of this Chapter

      2. 23.2.Applications for a reference

      3. 23.3.Preparation of reference

      4. 23.4.Transmission of reference to European Court

      5. 23.5.Sist of appeal

    3. CHAPTER 24 INTERVENTIONS BY CEHR AND SCHR

      1. 24.1.Application and interpretation of this Chapter

      2. 24.2.Applications to intervene

      3. 24.3.Applications to intervene: determination

      4. 24.4.Invitations to intervene

      5. 24.5.Form of intervention

    4. CHAPTER 25 PROOF

      1. 25.1.Taking proof in the course of an appeal

      2. 25.2.Preparation for proof

      3. 25.3.Conduct of proof

      4. 25.4.Administration of oath or affirmation to witnesses

      5. 25.5.Recording of evidence

      6. 25.6.Transcripts of evidence

      7. 25.7.Recording objections where recording of evidence dispensed with

    5. CHAPTER 26 VULNERABLE WITNESSES

      1. 26.1.Application and interpretation of this Chapter

      2. 26.2.Form of notices and applications

      3. 26.3.Determination of notices and applications

      4. 26.4.Determination of notices and applications: supplementary orders

      5. 26.5.Intimation of orders

      6. 26.6.Taking of evidence by commissioner: preparatory steps

      7. 26.7.Taking of evidence by commissioner: interrogatories

      8. 26.8.Taking of evidence by commissioner: conduct of commission

      9. 26.9.Taking of evidence by commissioner: lodging and custody of video record and documents

    6. CHAPTER 27 USE OF LIVE LINKS

      1. 27.1.Interpretation

      2. 27.2.Application for use of live link

    7. CHAPTER 28 REPORTING RESTRICTIONS

      1. 28.1.Application and interpretation of this Chapter

      2. 28.1A.Application for an order

      3. 28.2.Interim orders

      4. 28.3.Representations

      5. 28.4.Notification of reporting restrictions

      6. 28.5.Applications for variation or revocation

  8. PART 7 SPECIAL APPEAL PROCEEDINGS

    1. CHAPTER 29 APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT

      1. 29.1.Application of this Chapter

      2. 29.2.Form of application for new trial

      3. 29.3.Application for new trial: restrictions

      4. 29.4.Applications out of time

      5. 29.5.Timetable in application for new trial

      6. 29.6.Sist of application for new trial and variation of timetable

      7. 29.7.Questions about competency of application

      8. 29.8.Questions about competency: determination

      9. 29.9.Appendices to print: contents

      10. 29.10.Appendices to print considered unnecessary

      11. 29.11.Notes of argument

      12. 29.12.Estimates of duration of hearing of application for new trial

      13. 29.13.Procedural hearing

      14. 29.14.Application to enter jury verdict

    2. CHAPTER 30 APPEALS FROM SUMMARY CAUSES

      1. 30.1.Application of this Chapter

      2. 30.2.Transmission of appeal

      3. 30.3.Transmission of appeal: time to pay direction

      4. 30.4.Hearing of appeal

      5. 30.5.Determination of appeal

      6. 30.6.Appeal to the Court of Session: certification

    3. CHAPTER 31 APPEALS FROM SIMPLE PROCEDURE

      1. 31.1.Appeals from Simple Procedure

    4. CHAPTER 32 APPEALS BY STATED CASE UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011

      1. 32.1.Application and interpretation of this Chapter

      2. 32.2.Transmission of appeal

      3. 32.3.Hearing of appeal

      4. 32.4.Determination of appeal

      5. 32.5.Leave to appeal to the Court of Session

    5. CHAPTER 33 APPEALS UNDER PART 4 OF THE AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) ACT 2019

      1. 33.1.Application of this Chapter

      2. 33.2.Form of appeal

      3. 33.3.Hearing of appeal

      4. 33.4.Determination of appeal

    6. CHAPTER 34 ANCILLARY PROVISIONS

      1. 34.1.Revocation

      2. 34.2.Consequential amendment

      3. 34.3.Saving provision

      4. 34.4.Transitional provision

  9. Signature

    1. SCHEDULE 1

      ADMINISTRATIVE PROVISIONS

      1. 1.Quorum of the Court

      2. 2.Procedural Appeal Sheriff

      3. 3.Signature of interlocutors etc.

      4. 4.Decrees, extracts and execution

      5. 5.Use of Gaelic

    2. SCHEDULE 2

      FORMS

  11. Explanatory Note

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