The Rules of the Scottish Land Court Order 2014

Statement to accompany note under rule 74(5)

76.  The statement must either—

(a) be to the effect that all parties with a relevant interest concur in the motion or are not expected to oppose it; or

(b) set out—

(i) the ground mentioned in rule 74(3) on which the motion for a re-hearing is made;

(ii) a short narrative of the facts relied upon in support of that ground;

(iii) which order (or part of an order) should be varied, recalled or annulled;

(iv) the nature of any new evidence which it is desired to lead at a re-hearing;

(v) an explanation of why that evidence was not led at the hearing;

(vi) whether it is desired that the whole evidence in the case should be re-heard;

(vii) where it is not desired that the whole evidence in the case should be re-heard, what parts of that evidence are accepted;

(viii) which witnesses will require to be recalled;

(ix) whether it is practicable to limit the re-hearing of their evidence to specific matters (and if so to which matters); and

(x) whether it is likely that all or any part of the land which was the subject of the original proceedings will require to be inspected (and if the likely requirement relates to part only of the land, to which part).