Act of Sederunt (Sheriff Appeal Court Rules) 2021
PART 1PRELIMINARY MATTERS
CHAPTER 1CITATION, COMMENCEMENT AND APPLICATION ETC.
1.1Citation and commencement, etc.
1.2Application
1.3Interpretation
1.4Computation of periods of time
1.5Administrative provisions
1.6Forms
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 AND PROGRESS 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
6.6Cross-appeals
6.7Urgent disposal procedure
6.8Urgent disposal objection: determination
6.9Questions about competency
6.10Questions about competency: determination
6.11Initial case management of appeals
6.12Sist of appeals
CHAPTER 7PROCEDURE BEFORE THREE APPEAL SHERIFFS
7.1Application of this Chapter
7.2Timetable in appeal
7.3Variation of timetable
7.4Appeal print
7.5Appendix to appeal print: contents
7.6Appendix to appeal print considered unnecessary
7.7Notes of argument
7.8Estimates of duration of appeal hearing
7.9Procedural hearing
7.10Authorities
7.11Transmission of sheriff court process
7.12Extension of notes of evidence
7.13Referral to family mediation
7.14Application to transfer appeal to Chapter 8 procedure
CHAPTER 8PROCEDURE BEFORE ONE APPEAL SHERIFF
8.1Application of this Chapter
8.2Hearing of appeal
8.3Notes of argument
8.4Authorities
8.5Application to transfer appeal to Chapter 7 procedure
PART 4DISPOSAL OF AN APPEAL
CHAPTER 9REFUSAL OF APPEAL DUE TO DELAY
9.1Application to refuse appeal due to delay
9.2Determination of application to refuse appeal due to delay
CHAPTER 10ABANDONMENT OF APPEAL
10.1Application to abandon appeal
CHAPTER 11REMIT TO THE COURT OF SESSION
11.1Application to remit appeal to the Court of Session
CHAPTER 12APPLICATIONS FOR PERMISSION TO APPEAL TO THE COURT OF SESSION
12.1Application of this Chapter
12.2Applications for permission to appeal
12.3Applications for leave to appeal
PART 5INCIDENTAL PROCEDURE: STANDARD PROCEDURES
CHAPTER 13MOTIONS: GENERAL
13.1Interpretation
13.2Making of motions
13.3Oral motions
13.4Written motions
13.5Provision of email addresses to the Clerk
13.6Grounds for written motion
13.7Determination of unopposed motions in writing
13.8Issuing of orders by email
CHAPTER 14MOTIONS LODGED BY EMAIL
14.1Intimation of motions by email
14.2Opposition to motions
14.3Consent to motions
14.4Lodging unopposed motions
14.5Lodging opposed motions by email
14.6Variation of periods of intimation
CHAPTER 15MOTIONS LODGED BY OTHER MEANS
15.1Intimation of motions by other means
15.2Opposition to motions
15.3Consent to motions
15.4Lodging of motions
15.5Joint motions
15.6Hearing of opposed motions
15.7Modification of Chapter 5
CHAPTER 16MINUTES
16.1Application of this Chapter
16.2Form and lodging of minute
16.3Orders for intimation and answers
16.4Consent to minute
16.5Minutes of sist and transference
16.6Applications to enter process as respondent
CHAPTER 17AMENDMENT OF PLEADINGS
17.1Amendment of sheriff court pleadings
17.2Amendment of note of appeal and answers etc.
CHAPTER 18WITHDRAWAL OF SOLICITORS
18.1Interpretation of this Chapter
18.2Giving notice of withdrawal to the Court
18.3Arrangements for peremptory hearing
18.4Peremptory hearing
CHAPTER 19CAUTION AND SECURITY
19.1Application of this Chapter
19.2Form of application to find caution or give security
19.3Orders for caution or other security: time for compliance
19.4Methods of finding caution or giving security
19.5Cautioners and other guarantors
19.6Form of bond of caution
19.7Caution or other security: sufficiency and objections
19.8Insolvency or death of cautioner or guarantor
19.9Failure to find caution or give security
CHAPTER 20EXPENSES
20.1Taxation of expenses
20.2Time for lodging account of expenses
20.3Diet of taxation
20.4Auditor’s statement
20.5Objections to taxed account
20.6Decree for expenses in name of solicitor
20.7Expenses of curator ad litem appointed to a respondent
CHAPTER 21QUALIFIED ONE-WAY COSTS SHIFTING
21.1Application and interpretation of this Chapter
21.2Application for an award of expenses
21.3Award of expenses
21.4Procedure
21.5Award against legal representatives
PART 6INCIDENTAL PROCEDURE: SPECIAL PROCEDURES
CHAPTER 22DEVOLUTION ISSUES
22.1Interpretation
22.2Raising a devolution issue
22.3Raising a devolution issue: intimation and service
22.4Raising a devolution issue: permission to proceed
22.5Participation by the relevant authority
22.6Reference to the Inner House or Supreme Court
22.7Reference to the Inner House or Supreme Court: further procedure
22.8Reference to the Inner House or Supreme Court: procedure following determination
CHAPTER 23PRELIMINARY REFERENCES TO THE CJEU – CITIZENS’ RIGHTS
23.1Interpretation of this Chapter
23.2Applications for a reference
23.3Preparation of reference
23.4Transmission of reference to European Court
23.5Sist of appeal
CHAPTER 24INTERVENTIONS BY CEHR AND SCHR
24.1Application and interpretation of this Chapter
24.2Applications to intervene
24.3Applications to intervene: determination
24.4Invitations to intervene
24.5Form of intervention
CHAPTER 25PROOF
25.1Taking proof in the course of an appeal
25.2Preparation for proof
25.3Conduct of proof
25.4Administration of oath or affirmation to witnesses
25.5Recording of evidence
25.6Transcripts of evidence
25.7Recording objections where recording of evidence dispensed with
CHAPTER 26VULNERABLE WITNESSES
26.1Application and interpretation of this Chapter
26.2Form of notices and applications
26.3Determination of notices and applications
26.4Determination of notices and applications: supplementary orders
26.5Intimation of orders
26.6Taking of evidence by commissioner: preparatory steps
26.7Taking of evidence by commissioner: interrogatories
26.8Taking of evidence by commissioner: conduct of commission
26.9Taking of evidence by commissioner: lodging and custody of video record and documents
CHAPTER 27USE OF LIVE LINKS
27.1Interpretation
27.2Application for use of live link
CHAPTER 28REPORTING RESTRICTIONS
28.1Application and interpretation of this Chapter
28.2Interim orders
28.3Representations
28.4Notification of reporting restrictions
28.5Applications for variation or revocation
PART 7SPECIAL APPEAL PROCEEDINGS
CHAPTER 29APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT
29.1Application of this Chapter
29.2Form of application for new trial
29.3Application for new trial: restrictions
29.4Applications out of time
29.5Timetable in application for new trial
29.6Sist of application for new trial and variation of timetable
29.7Questions about competency of application
29.8Questions about competency: determination
29.9Appendices to print: contents
29.10Appendices to print considered unnecessary
29.11Notes of argument
29.12Estimates of duration of hearing of application for new trial
29.13Procedural hearing
29.14Application to enter jury verdict
CHAPTER 30APPEALS FROM SUMMARY CAUSES
30.1Application of this Chapter
30.2Transmission of appeal
30.3Transmission of appeal: time to pay direction
30.4Hearing of appeal
30.5Determination of appeal
30.6Appeal to the Court of Session: certification
CHAPTER 31APPEALS FROM SIMPLE PROCEDURE
31.1Appeals from Simple Procedure
CHAPTER 32APPEALS BY STATED CASE UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011
32.1Application and interpretation of this Chapter
32.2Transmission of appeal
32.3Hearing of appeal
32.4Determination of appeal
32.5Leave to appeal to the Court of Session
CHAPTER 33APPEALS UNDER PART 4 OF THE AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) ACT 2019
33.1Application of this Chapter
33.2Form of appeal
33.3Hearing of appeal
33.4Determination of appeal
CHAPTER 34ANCILLARY PROVISIONS
34.1Revocation
34.2Consequential amendment
34.3Saving provision
34.4Transitional provision
SCHEDULE 1ADMINISTRATIVE PROVISIONS
1Quorum of the Court
2Procedural Appeal Sheriff
3Signature of interlocutors etc.
4Decrees, extracts and execution
5Use of Gaelic
SCHEDULE 2FORMS

2021 No. 468

Sheriff Appeal Court

Act of Sederunt (Sheriff Appeal Court Rules) 2021

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.