6.1. This Chapter applies to an appeal against a decision of a sheriff in civil proceedings except—
(a)an application for a new trial under section 69(1) of the 2014 Act (see Chapter 29);
(b)an application to enter a jury verdict under section 71(2) of the 2014 Act (see Chapter 29);
(c)an appeal under section 38 of the Sheriff Courts (Scotland) Act 1971(1) (see Chapter 30);
(d)an appeal under section 82 of the 2014 Act (see Chapter 31);
(e)an appeal by stated case under section 163(1), 164(1), 165(1) or 167(1) of the Children’s Hearings (Scotland) Act 2011(2) (see Chapter 32);
(f)an appeal under section 38(3), 44(3) or 67(3) of the Age of Criminal Responsibility (Scotland) Act 2019(3) (see Chapter 33);
(g)an appeal against an interlocutor granting decree of divorce in a simplified divorce application (see rule 33.81 of the Ordinary Cause Rules 1993)(4);
(h)an appeal against an interlocutor granting decree of dissolution of civil partnership in a simplified dissolution of civil partnership application (see rule 33A.74 of the Ordinary Cause Rules 1993)(5).
6.2.—(1) An appeal is made by lodging a note of appeal in Form 6.2.
(2) The note of appeal must—
(a)specify—
(i)the decision complained of;
(ii)the date on which the decision was made;
(iii)the date on which it was intimated to the appellant;
(iv)any other relevant information;
(b)state the grounds of appeal in brief specific numbered paragraphs setting out concisely the grounds on which it is proposed that the appeal should be allowed;
(c)have appended to it a copy of the interlocutor containing the decision appealed against;
(d)where the sheriff’s note is available, have appended to it a copy of the note;
(e)where the sheriff’s note is not available, indicate whether the appellant—
(i)has requested that the sheriff writes a note and is awaiting its production;
(ii)requests that the sheriff write a note; or
(iii)considers that the appeal is sufficiently urgent that the Court should hear and determine the appeal without the sheriff’s note;
(f)state whether, taking into account the matters in rule 6.11(3), the appellant considers that the appeal should be appointed to Chapter 7 procedure or Chapter 8 procedure;
(g)be signed;
(h)where the appellant is represented by a solicitor, specify the name and business address of the solicitor.
6.3.—(1) An appeal must be made either—
(a)within 28 days after the date on which the decision appealed against was given; or
(b)where permission to appeal is required, within 7 days after the date on which permission was granted if that results in a later date.
(2) This rule does not apply where the enactment under which the appeal is made specifies a period within which the appeal must be made.
6.4.—(1) This rule applies where the enactment under which the appeal is made—
(a)specifies a period within which the appeal must be made; and
(b)provides that a party may apply to the Court to allow an appeal to be made outwith that period.
(2) An application to allow an appeal to be received out of time is to be made by motion.
(3) That motion is to be made when the note of appeal is lodged.
(4) The application is to be determined by a procedural Appeal Sheriff.
(5) Where a motion to allow an appeal to be received out of time is determined—
(a)the Clerk is to—
(i)notify the sheriff clerk of the outcome of the application;
(ii)transmit the note of appeal and the Court’s interlocutor to the sheriff clerk;
(b)the sheriff clerk is to place the note of appeal in the process.
(6) Where an application to allow an appeal to proceed out of time is granted, the appeal will proceed as if it had been made in time.
6.5.—(1) Subject to paragraph (2), on the first available court day after the appeal is lodged, the Clerk must make an order for—
(a)intimation of the appeal, within 7 days after the date of the order, to be given to—
(i)the respondent;
(ii)any other person who appears to have an interest in the appeal;
(b)any person on whom the appeal is intimated to lodge answers in Form 6.5, if so advised, within 14 days after the date of intimation.
(2) The procedural Appeal Sheriff may vary the periods of 7 days and 14 days mentioned in paragraph (1)—
(a)of the procedural Appeal Sheriff’s own accord; or
(b)on cause shown, on the application of the appellant.
(3) That application must—
(a)be included in the note of appeal;
(b)give reasons for varying the period.
(4) Where an appeal is intimated under this rule, the appellant must lodge a certificate of intimation in Form 6.5-A within 14 days after the date of intimation, or such other period as the procedural Appeal Sheriff may direct.
(5) In the answers, the respondent or other interested party must state—
(a)his or her view on whether the appeal should be appointed to Chapter 7 procedure or Chapter 8 procedure;
(b)why he or she has reached that view, taking into account the matters mentioned in rule 6.11(3).
6.6.—(1) A respondent who seeks to—
(a)appeal against any decision of the sheriff; or
(b)challenge the grounds on which the sheriff made the decision appealed against,
may lodge grounds of cross-appeal in Form 6.6 within the period for lodging answers in accordance with an order under rule 6.5(1)(b) or, as the case may be, rule 6.5(2), together with a certificate of intimation in Form 6.5-A.
(2) The appellant may lodge answers to the respondent’s grounds of cross-appeal within 14 days after the grounds are intimated to the appellant.
6.7.—(1) The procedural Appeal Sheriff may order urgent disposal of an appeal—
(a)of the procedural Appeal Sheriff’s own accord; or
(b)on the application of the appellant or a respondent.
(2) The Clerk may refer an appeal to the procedural Appeal Sheriff to consider ordering urgent disposal.
(3) Where the appellant or a respondent seeks urgent disposal, an application for urgent disposal is to be made by motion.
(4) An application may be made—
(a)by the appellant, when the note of appeal is lodged;
(b)by the respondent, no later than the expiry of the period for lodging answers specified in rule 6.5(1)(b).
(5) Where the decision appealed against concerns an order made by the sheriff—
(a)under section 11(1) of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.)(6);
(b)in relation to adoption; or
(c)in relation to permanence,
the appellant must seek urgent disposal.
(6) Where the procedural Appeal Sheriff proposes to order urgent disposal of the procedural Appeal Sheriff’s own accord—
(a)the Clerk must notify every party to the appeal;
(b)any party who objects to urgent disposal may make representations within such time and in such manner as the procedural Appeal Sheriff orders.
6.8.—(1) Where an application for urgent disposal made under rule 6.7(4) is opposed or a party makes representations objecting to urgent disposal in accordance with rule 6.7(6)(b), before ordering urgent disposal the procedural Appeal Sheriff must—
(a)give parties an opportunity to be heard on the matter; or
(b)order the Clerk to intimate to parties that the matter will be considered on written submissions and specify the date by which such submissions are to be lodged.
(2) At a hearing under paragraph (1)(a) or in written submissions lodged under paragraph (1)(b), the parties must provide the procedural Appeal Sheriff with an assessment of the likely duration of the hearing to determine the appeal.
(3) When ordering urgent disposal of an appeal, the procedural Appeal Sheriff must make an order specifying—
(a)the procedure to be followed in the appeal;
(b)the number of appeal sheriffs who will hear the appeal, taking into account the matters mentioned in rule 6.11(3); and
(c)where the appeal is to proceed under Chapter 7 procedure, the periods for complying with each procedural step.
(4) The procedural Appeal Sheriff must not make an order under rule 6.11(2) until the matter of urgent disposal has been determined.
6.9.—(1) A question about the competency of an appeal or cross-appeal may be referred to the procedural Appeal Sheriff by—
(a)any party; or
(b)the Clerk.
(2) A party may refer a question by lodging a reference in Form 6.9.
(3) A party may refer a question within the period for lodging answers, in accordance with rule 6.5(1)(b) or, as the case may be, rule 6.6(2).
(4) The Clerk may refer a question at any time until the procedural Appeal Sheriff makes an order under rule 6.11(2).
(5) When a reference is made, the Clerk must fix a hearing and intimate the date and time of that hearing to the parties.
(6) When a reference is made by the Clerk and the procedural Appeal Sheriff considers that a question of competency arises, the order fixing the hearing must specify the question about the competency of the appeal or cross-appeal.
(7) The order fixing the hearing on a reference must specify the date by which notes of argument are to be lodged.
(8) The note of argument must—
(a)give fair notice of the submissions the party intends to make on the question of competency; and
(b)comply with the requirements in rule 7.7(3).
(9) Paragraphs (4) and (5) of rule 7.7 apply to the note of argument.
6.10.—(1) At a hearing on the competency of an appeal, the procedural Appeal Sheriff may—
(a)refuse the appeal as incompetent;
(b)find the appeal to be competent; or
(c)refer the question of competency to the Court.
(2) The procedural Appeal Sheriff may make an order as to the expenses of the reference.
(3) Where the question of competency is referred to the Court, it may—
(a)refuse the appeal as incompetent; or
(b)find the appeal to be competent.
(4) The Court may make an order as to the expenses of the reference.
6.11.—(1) This rule does not apply to an appeal that has been ordered for urgent disposal.
(2) Subject to rule 6.8(4), on expiry of the period for lodging answers and any grounds of cross-appeal, the procedural Appeal Sheriff must appoint an appeal to—
(a)Chapter 7 procedure; or
(b)Chapter 8 procedure.
(3) An appeal is to be appointed to such procedure as the procedural Appeal Sheriff considers proportionate for the disposal of the appeal, having regard to the following—
(a)any representations made by the parties;
(b)the value and importance of the claim;
(c)the complexity of the issues of fact and law raised by the appeal or the cross appeal;
(d)the presumption in paragraph (4).
(4) Without prejudice to the generality of paragraph (3), the following are presumed to be appropriate for Chapter 8 procedure in the absence of special circumstances—
(a)appeals from procedural decisions;
(b)appeals against decisions—
(i)granting decree by default;
(ii)refusing a reponing note;
(iii)granting interim or summary decree;
(iv)sisting an action.
(5) The Clerk must intimate an order under this rule to parties.
6.12.—(1) Any party may apply by motion to—
(a)sist the appeal for a specified period; or
(b)recall the sist.
(2) An application to sist the appeal may only be granted on cause shown.
(3) The procedural Appeal Sheriff may—
(a)grant the application;
(b)refuse the application; or
(c)make an order not sought in the application, where the procedural Appeal Sheriff considers that doing so would secure the expeditious disposal of the appeal.
(4) Where the procedural Appeal Sheriff makes an order sisting the appeal, the Clerk must discharge any hearing already fixed under rule 7.2(2), rule 7.9(3)(a) or rule 8.2(1)(a).
(5) When a sist in an appeal under Chapter 7 procedure is recalled or expires, the Clerk must—
(a)issue a revised timetable in Form 7.2; and
(b)fix a procedural hearing.
(6) When a sist in an appeal under Chapter 8 procedure is recalled or expires, the Clerk must—
(a)fix a procedural hearing or a hearing of the appeal; and
(b)intimate the date and time of the procedural hearing or appeal to parties.
7.1. This Chapter applies to an appeal which has been appointed to proceed under procedure before three Appeal Sheriffs, to be known as Chapter 7 procedure.
7.2.—(1) The Clerk must issue a timetable in Form 7.2 when an appeal is appointed to Chapter 7 procedure.
(2) When the Clerk issues a timetable, the Clerk must also fix a procedural hearing to take place after completion of the procedural steps specified in paragraph (4).
(3) The timetable specifies—
(a)the dates by which parties must comply with those procedural steps;
(b)the date and time of the procedural hearing.
(4) The procedural steps are the steps mentioned in the first column of the following table, provision in respect of which is found in the rule mentioned in the second column—
| Procedural step | Rule |
|---|---|
| Lodging of appeal print | 7.4(1) |
| Lodging of appendices to appeal print | 7.5(1) |
| Giving notice that the appellant considers appendix unnecessary | 7.6(1) |
| Lodging of notes of argument | 7.7(1) |
| Lodging of estimates of duration of appeal hearing | 7.8 |
7.3.—(1) Any party may apply by motion to vary the timetable.
(2) An application to vary the timetable may only be granted on cause shown.
(3) The procedural Appeal Sheriff may—
(a)grant the application;
(b)refuse the application; or
(c)make an order not sought in the application, where the procedural Appeal Sheriff considers that doing so would secure the expeditious disposal of the appeal.
(4) Where the procedural Appeal Sheriff makes an order varying the timetable, the Clerk must—
(a)discharge the procedural hearing fixed under rule 7.2(2);
(b)issue a revised timetable in Form 7.2;
(c)fix a procedural hearing.
7.4.—(1) The appellant must lodge an appeal print within 21 days after the timetable is issued under rule 7.2(1).
(2) An appeal print must contain—
(a)the pleadings in the sheriff court process;
(b)the interlocutors in the sheriff court process;
(c)the sheriff’s note setting out the reasons for the decision appealed against, if it is available.
(3) Where the appeal is directed at the refusal of the sheriff to allow the pleadings to be amended, the appeal print must also contain the text of the proposed amendment.
7.5.—(1) The appellant must lodge an appendix to the appeal print no later than 14 days before the procedural hearing, unless rule 7.6(1) is complied with.
(2) The appendix must contain—
(a)any document lodged in the sheriff court process that is founded upon in the grounds of appeal;
(b)the notes of evidence from any proof, if it is sought to submit them for consideration by the Court.
(3) Where the sheriff’s note has not been included in the appeal print and it subsequently becomes available, the appellant must—
(a)include it in the appendix where the appendix has not yet been lodged; or
(b)lodge a supplementary appendix containing the sheriff’s note.
(4) The parties must—
(a)discuss the contents of the appendix;
(b)co-operate in making up the appendix.
(5) Where the Court at any stage considers further documents are necessary for the determination of the appeal, the appellant must lodge a supplementary appendix containing those documents.
7.6.—(1) Where the appellant considers that it is not necessary to lodge an appendix, the appellant must, no later than 14 days before the procedural hearing—
(a)give written notice of that fact to the Clerk;
(b)intimate that notice to every respondent.
(2) Where the appellant complies with paragraph (1), the respondent may apply by motion for an order requiring the appellant to lodge an appendix.
(3) An application under paragraph (2) must specify the documents or notes of evidence that the respondent considers should be included in the appendix.
(4) In disposing of an application, the procedural Appeal Sheriff may—
(a)grant the application and make an order requiring the appellant to lodge an appendix;
(b)refuse the application and make an order requiring the respondent to lodge an appendix; or
(c)refuse the application and make no order.
(5) Where the procedural Appeal Sheriff makes an order under paragraph (4)(a) or (b), that order must specify—
(a)the documents or notes or evidence to be included in the appendix;
(b)the time within which the appendix must be lodged.
7.7.—(1) The parties must lodge notes of argument no later than 14 days before the procedural hearing.
(2) A note of argument must summarise briefly the submissions the party intends to develop at the appeal hearing.
(3) 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.
(4) 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.
(5) 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.
7.8. The parties must lodge estimates of the duration of any appeal hearing required to dispose of the appeal in Form 7.8 no later than 14 days before the procedural hearing.
7.9.—(1) At a procedural hearing, the procedural Appeal Sheriff must ascertain the state of preparation of the parties, so far as reasonably practicable.
(2) The procedural Appeal Sheriff may—
(a)determine that parties are ready to proceed to an appeal hearing; or
(b)determine that further procedure is required.
(3) Where the procedural Appeal Sheriff determines that parties are ready to proceed—
(a)the procedural Appeal Sheriff must fix an appeal hearing;
(b)the Clerk must intimate the date and time of that hearing to the parties;
(c)the procedural Appeal Sheriff may make an order specifying further steps to be taken by the parties before the hearing.
(4) Where the procedural Appeal Sheriff determines that further procedure is required, the procedural Appeal Sheriff—
(a)must make an order to secure the expeditious disposal of the appeal;
(b)may direct the Clerk to fix a further procedural hearing and intimate the date and time of that hearing to parties.
7.10.—(1) When an appeal hearing is fixed, 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.
(2) The appellant must lodge the joint list by the date specified in the interlocutor that fixes the appeal hearing.
(3) 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.
(4) 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.
(5) Joint lists of authorities which do not conform with this rule may be rejected.
(6) The Court may find no expenses are payable, or may modify any expenses, where authorities are included unnecessarily.
7.11.—(1) The Court may order—
(a)of its own accord;
(b)on cause shown, where any party to the appeal applies for such an order by motion,
that the sheriff court process, or any part of it, must be transmitted to the Clerk.
(2) Where the procedural Appeal Sheriff makes such an order, the Clerk must send a copy of the order to the sheriff clerk.
(3) Within 4 days after receipt of the order, the sheriff clerk must—
(a)send written notice to each party to the cause;
(b)certify on the interlocutor sheet that sub-paragraph (a) has been complied with;
(c)transmit the sheriff court process, or the specified part of it, to the Clerk.
(4) On receipt of the sheriff court process, the Clerk must—
(a)mark the date of receipt on—
(i)the interlocutor sheet, where the entire process is transmitted;
(ii)the part of process that has been transmitted, where the procedural Appeal Sheriff has specified that only part of the process is to be transmitted;
(b)send written notice of that date to the parties.
(5) Where the Clerk or a sheriff clerk fails to comply with this rule—
(a)that does not affect the validity of the appeal;
(b)the procedural Appeal Sheriff may, as the procedural Appeal Sheriff thinks fit, make an order to enable the appeal to proceed as if the failure had not occurred.
7.12. It is not necessary to produce notes of evidence in relation to any issue in respect of which the parties are agreed that the decision appealed against is not to be submitted to review.
7.13.—(1) Where the decision appealed against concerns an order made by the sheriff under section 11(1) of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.)(7), the procedural Appeal Sheriff may refer that matter to a family mediator.
(2) In this rule, “family mediator” means a person accredited as a mediator in family mediation to an organisation which is concerned with such mediation and which is approved for the purposes of the Civil Evidence (Family Mediation) (Scotland) Act 1995(8) by the Lord President of the Court of Session.
7.14.—(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 under Chapter 8 procedure instead of Chapter 7 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 7 procedure.
(4) That order must appoint the appeal to proceed under Chapter 8 procedure and specify—
(a)the procedure to be followed in the appeal;
(b)the periods for complying with each procedural step.
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.
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.
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.
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.
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.
1971 c.58. Section 38 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 18(4). It was also partly repealed by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 6(2) which has effect subject to transitional provision specified in S.S.I. 2016/291.
2011 asp 1. Section 164 was amended by the Children (Scotland) Act 2020 (asp 16), section 26(3). Sections 163, 164, 165 and 167 are prospectively amended by the Children (Scotland) Act 2020, section 27(3) to (6).
The Ordinary Cause Rules 1993 are in Schedule 1 of the Sheriff Courts (Scotland) Act 1907 (c.51). Schedule 1 was substituted by S.I. 1993/1956 and was last amended by S.S.I. 2021/226. Rule 33.81 was amended by S.S.I. 2015/419.
Rule 33A.74 was inserted by S.S.I. 2005/638 and amended by S.S.I. 2015/419.
1995 c.36. Section 11 was amended by the Family Law (Scotland) Act 2006 (asp 2), section 24; the Adoption and Children (Scotland) Act 2007 (asp 4), section 107, schedule 2, paragraph 9(2) and schedule 3, paragraph 1; the Human Fertilisation and Embryology Act 2008 (c.22), Schedule 6, paragraph 52; the Children (Scotland) Act 2020 (asp 16), section 15(2); S.S.I. 2001/36; S.S.I. 2005/42; S.S.I. 2016/21 and S.I. 2018/1413.
1995 c.36. Section 11 was amended by the Family Law (Scotland) Act 2006 (asp 2), section 24; the Adoption and Children (Scotland) Act 2007 (asp 4), section 107, schedule 2, paragraph 9(2) and schedule 3, paragraph 1; the Human Fertilisation and Embryology Act 2008 (c.22), Schedule 6, paragraph 52; the Children (Scotland) Act 2020 (asp 16), section 15(2); S.S.I. 2001/36; S.S.I. 2005/42; S.S.I. 2016/21 and S.I. 2018/1413.