Rule 19.11 Solicitor entering appearance etc.F1

Scotland

(1)

The solicitor for the appellant or the appellant, if unrepresented, must enter appearance—

(a)

at the same time as lodging a stated case in accordance with section 179(9) of the Act of 1995; or

(b)

within 7 days after the Clerk of the Sheriff Appeal Court intimates that leave to appeal has been granted in accordance with section 187(9)(a) of the Act of 1995.

(2)

Appearance is entered by lodging Form 19.11–A with the Clerk of the Sheriff Appeal Court.

(3)

Where an appellant is represented by a solicitor who does not practise in Edinburgh, that solicitor may appoint a solicitor who practises in Edinburgh to carry out the duties of solicitor for the appellant.

(4)

If there is a change in representation of an appellant, the new solicitor for the appellant or the appellant, if unrepresented, must lodge Form 19.11–B with the Clerk of the Sheriff Appeal Court within 7 days of that change in representation.

(5)

A change in representation occurs where—

(a)

an unrepresented appellant instructs a solicitor;

(b)

an appellant dismisses the appellant’s solicitor and—

(i)

instructs another solicitor; or

(ii)

intends to conduct the appeal in person.

Annotations

Textual amendments

F1: Sch. 2 rule 19.11 substituted (22.9.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 (S.S.I. 2015/245), paras. 1(2), 2(9) (with para. 6(1)) (as amended by S.S.I. 2015/295, paras. 1(2), 6(2))