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

Sheriff Appeal Court

Act of Sederunt (Sheriff Appeal Court Rules) 2015
Made
21st October 2015
Laid before the Scottish Parliament
23rd October 2015
Coming into force
1st January 2016
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 , 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 2006 , section 104(1) of the Courts Reform (Scotland) Act 2014 and all other powers enabling it to do so.
2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).
2006 asp 16. Section 14 was amended by S.S.I. 2013/211.
2014 asp 18.