PART 3

INITIATION AND PROGRESS OF AN APPEAL
CHAPTER 8

PROCEDURE BEFORE ONE APPEAL SHERIFF

Application of this Chapter
8.1
This Chapter applies to an appeal which has been appointed to proceed under procedure before one Appeal Sheriff, to be known as Chapter 8 procedure.

Hearing of appeal
8.2
1
When an appeal has been appointed to proceed under Chapter 8 procedure, the Court must order the Clerk to—
a
fix a hearing and intimate the date and time of that hearing to parties; or
b
intimate to parties that the appeal will be considered on written submissions and specify the date by which such submissions are to be lodged.
2
The Court may make any order required to regulate procedure in the appeal.

Notes of argument
8.3
1
This rule applies where parties are ordered to lodge notes of argument.
2
The parties must lodge notes of argument by the date specified in the order that fixes the hearing or in such other order the Court may make to regulate procedure in the appeal.
3
A note of argument must summarise briefly the submissions the party intends to develop at the hearing.
4
A note of argument must—
a
state, in brief numbered paragraphs, the points that the party intends to make;
b
after each point, identify by means of a page or paragraph reference the relevant passage in any notes of evidence or other document on which the party relies in support of the point;
c
for every authority that is cited—
i
state the proposition of law that the authority demonstrates;
ii
identify the page or paragraph references for the parts of the authority that support the proposition;
d
cite only one authority for each proposition of law, unless additional citation is necessary for a proper presentation of the argument.
5
Where a note of argument has been lodged and the party lodging it subsequently becomes aware that an argument in the note is not to be insisted upon, that party must—
a
give written notice of that fact to the Clerk;
b
intimate that notice to every other party.
6
Where a party wishes to advance an argument at a hearing that is not contained in that party’s note of argument, the party must apply by motion for leave to advance the argument.

Authorities
8.4
1
This rule applies where parties are ordered to lodge authorities.
2
The appellant must, after consultation with the respondent and any other party to the appeal, lodge a joint list of authorities upon which each party intends to rely at the hearing.
3
The appellant must lodge the joint list by the date specified in the order that fixes the hearing or in such other order the Court may make to regulate procedure in the appeal.
4
The joint list of authorities must not include—
a
authorities for propositions not in dispute;
b
more than 10 authorities, unless permission has previously been granted by the Court on cause shown for the lodging of additional authorities.
5
The Court may make an order requiring parties to lodge a joint bundle of photocopies or electronic versions of the authorities or digital links to them.
6
Joint lists of authorities which do not conform with this rule may be rejected.
7
The Court may find no expenses are payable, or may modify any award of expenses, where authorities are included unnecessarily.

Application to transfer appeal to Chapter 7 procedure
8.5
1
The procedural Appeal Sheriff may—
a
of the procedural Appeal Sheriff’s own accord; or
b
on the application of any party,
order that an appeal is to proceed as an appeal under Chapter 7 procedure instead of Chapter 8 procedure.
2
An application is to be made by motion.
3
The procedural Appeal Sheriff may only make such an order if satisfied that, taking into account the matters in rule 6.11(3), it is no longer appropriate for the appeal to proceed under Chapter 8 procedure.
4
That order must appoint the appeal to proceed under Chapter 7 procedure and specify the procedure to be followed in the appeal.
Para. 8.2 in force at 6.1.2022, see para. 1.1(2)
Para. 8.3 in force at 6.1.2022, see para. 1.1(2)
Para. 8.1 in force at 6.1.2022, see para. 1.1(2)
Para. 8.5 in force at 6.1.2022, see para. 1.1(2)
Para. 8.4 in force at 6.1.2022, see para. 1.1(2)