Act of Sederunt (Sheriff Appeal Court Rules) 2015
PART 1PRELIMINARY MATTERS
CHAPTER 1CITATION, COMMENCEMENT AND INTERPRETATION ETC.
1.1Citation and commencement, etc.
1.2Interpretation
1.3Computation of periods of time
1.4Administrative provisions
1.5Forms
PART 2GENERAL PROVISIONS
CHAPTER 2RELIEF FOR FAILURE TO COMPLY
2.1Relief for failure to comply with rules
CHAPTER 3SANCTIONS FOR FAILURE TO COMPLY
3.1Circumstances where a party is in default
3.2Sanctions where a party is in default
CHAPTER 4REPRESENTATION AND SUPPORT
4.1Representation and support
4.2Legal representation
4.3Lay representation: applications
4.4Lay representation: functions, conditions and duties
4.5Lay support: applications
4.6Lay support: functions, conditions and duties
CHAPTER 5INTIMATION AND LODGING ETC.
5.1Interpretation of this Chapter
5.2Intimation
5.3Methods of intimation
5.4Methods of intimation: recorded delivery
5.5Methods of intimation: by sheriff officer
5.6Additional methods of intimation where receiving party represented by solicitor
5.7Lodging
PART 3INITIATION AND PROGRESS OF AN APPEAL
CHAPTER 6INITIATION OF AN APPEAL
6.1Application of this Chapter
6.2Form of appeal
6.3Time for appeal
6.4Applications to appeal out of time
6.5Order for intimation and answers
6.6Initial case management of appeals
6.7Provisional orders: representations
CHAPTER 7STANDARD APPEAL PROCEDURE
7.1Application of this Chapter
7.2Timetable in appeal
7.3Cross-appeals
7.4Urgent disposal
7.5Urgent disposal: determination
7.6Sist of appeal and variation of timetable
7.7Questions about competency
7.8Questions about competency: determination
7.9Appeal print
7.10Appendix to appeal print: contents
7.11Appendix to appeal print considered unnecessary
7.12Notes of argument
7.13Estimates of duration of appeal hearing
7.14Procedural hearing
7.15Transmission of sheriff court process
7.16Extension of notes of evidence
7.17Referral to family mediation
PART 4DISPOSAL OF AN APPEAL
CHAPTER 8REFUSAL OF APPEAL DUE TO DELAY
8.1Application to refuse appeal due to delay
8.2Determination of application to refuse appeal due to delay
CHAPTER 9ABANDONMENT OF APPEAL
9.1Application to abandon appeal
CHAPTER 10REMIT TO THE COURT OF SESSION
10.1Application to remit appeal to the Court of Session
CHAPTER 11APPLICATIONS FOR PERMISSION TO APPEAL TO THE COURT OF SESSION
11.1Application of this Chapter
11.2Applications for permission to appeal
PART 5INCIDENTAL PROCEDURE: STANDARD PROCEDURES
CHAPTER 12MOTIONS: GENERAL
12.1Interpretation
12.2Making of motions
12.3Oral motions
12.4Written motions
12.5Provision of email addresses to the Clerk
12.6Grounds for written motion
12.7Determination of unopposed motions in writing
12.8Issuing of orders by email
CHAPTER 13MOTIONS LODGED BY EMAIL
13.1Intimation of motions by email
13.2Opposition to motions
13.3Consent to motions
13.4Lodging unopposed motions
13.5Lodging opposed motions by email
13.6Variation of periods of intimation
CHAPTER 14MOTIONS LODGED BY OTHER MEANS
14.1Intimation of motions by other means
14.2Opposition to motions
14.3Consent to motions
14.4Lodging of motions
14.5Joint motions
14.6Hearing of opposed motions
14.7Modification of Chapter 5
CHAPTER 15MINUTES
15.1Application of this Chapter
15.2Form and lodging of minute
15.3Orders for intimation and answers
15.4Consent to minute
15.5Minutes of sist and transference
15.6Applications to enter process as respondent
CHAPTER 16AMENDMENT OF PLEADINGS
16.1Amendment of sheriff court pleadings
16.2Amendment of note of appeal and answers etc.
CHAPTER 17WITHDRAWAL OF SOLICITORS
17.1Interpretation of this Chapter
17.2Giving notice of withdrawal to the Court
17.3Arrangements for peremptory hearing
17.4Peremptory hearing
CHAPTER 18CAUTION AND SECURITY
18.1Application of this Chapter
18.2Form of application to find caution or give security
18.3Orders for caution or other security: time for compliance
18.4Methods of finding caution or giving security
18.5Cautioners and other guarantors
18.6Form of bond of caution
18.7Caution or other security: sufficiency and objections
18.8Insolvency or death of cautioner or guarantor
18.9Failure to find caution or give security
CHAPTER 19EXPENSES
19.1Taxation of expenses
19.2Additional fee
19.3Order to lodge account of expenses
19.4Procedure for taxation of expenses
19.5Objections to taxed account
19.6Decree for expenses in name of solicitor
19.7Expenses of curator ad litem appointed to a respondent
PART 6INCIDENTAL PROCEDURE: SPECIAL PROCEDURES
CHAPTER 20DEVOLUTION ISSUES
20.1Interpretation
20.2Raising a devolution issue
20.3Raising a devolution issue: intimation and service
20.4Raising a devolution issue: permission to proceed
20.5Participation by the relevant authority
20.6Reference to the Inner House or Supreme Court
20.7Reference to the Inner House or Supreme Court: further procedure
20.8Reference to the Inner House or Supreme Court: procedure following determination
CHAPTER 21PRELIMINARY REFERENCES TO THE CJEU
21.1Interpretation of this Chapter
21.2Applications for a reference
21.3Preparation of reference
21.4Transmission of reference to European Court
21.5Sist of appeal
CHAPTER 22INTERVENTIONS BY CEHR AND SCHR
22.1Application and interpretation of this Chapter
22.2Applications to intervene
22.3Applications to intervene: determination
22.4Invitations to intervene
22.5Form of intervention
CHAPTER 23PROOF
23.1Taking proof in the course of an appeal
23.2Preparation for proof
23.3Conduct of proof
23.4Administration of oath or affirmation to witnesses
23.5Recording of evidence
23.6Transcripts of evidence
23.7Recording objections where recording of evidence dispensed with
CHAPTER 24VULNERABLE WITNESSES
24.1Interpretation and application of this Chapter
24.2Form of notices and applications
24.3Determination of notices and applications
24.4Determination of notices and applications: supplementary orders
24.5Intimation of orders
24.6Taking of evidence by commissioner: preparatory steps
24.7Taking of evidence by commissioner: interrogatories
24.8Taking of evidence by commissioner: conduct of commission
24.9Taking of evidence by commissioner: lodging and custody of video record and documents
CHAPTER 25USE OF LIVE LINKS
25.1Interpretation
25.2Application for use of live link
CHAPTER 26REPORTING RESTRICTIONS
26.1Interpretation and application of this Chapter
26.2Interim orders: notification to interested persons
26.3Interim orders: representations
26.4Notification of reporting restrictions
26.5Applications for variation or revocation
PART 7SPECIAL APPEAL PROCEEDINGS
CHAPTER 27ACCELERATED APPEAL PROCEDURE
27.1Application of this Chapter
27.2Hearing of appeal
27.3Application to remove appeal from accelerated appeal procedure
CHAPTER 28APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT
28.1Application of this Chapter
28.2Form of application for new trial
28.3Application for new trial: restrictions
28.4Applications out of time
28.5Timetable in application for new trial
28.6Sist of application for new trial and variation of timetable
28.7Questions about competency of application
28.8Questions about competency: determination
28.9Appendices to print: contents
28.10Appendices to print considered unnecessary
28.11Notes of argument
28.12Estimates of duration of hearing of application for new trial
28.13Procedural hearing
28.14Application to enter jury verdict
CHAPTER 29APPEALS FROM SUMMARY CAUSES AND SMALL CLAIMS
29.1Application of this Chapter
29.2Transmission of appeal
29.3Transmission of appeal: time to pay direction
29.4Hearing of appeal
29.5Determination of appeal
29.6Appeal to the Court of Session: certification
CHAPTER 30APPEALS BY STATED CASE UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011
30.1Application and interpretation of this Chapter
30.2Transmission of appeal
30.3Hearing of appeal
30.4Determination of appeal
30.5Leave to appeal to the Court of Session
SCHEDULE 1ADMINISTRATIVE PROVISIONS
1Quorum of the Court
2Procedural Appeal Sheriff
3Signature of interlocutors etc.
4Form of process
5Decrees, extracts and execution
6Use of Gaelic
SCHEDULE 2FORMS
2015 No. 356
Sheriff Appeal Court

Act of Sederunt (Sheriff Appeal Court Rules) 2015

Made
Laid before the Scottish Parliament
Coming into force
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 20131, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 14(7) of the Scottish Commission for Human Rights Act 20062, section 104(1) of the Courts Reform (Scotland) Act 20143 and all other powers enabling it to do so.