Rule 29A.1 Service of bill or petitionF1
Where a first order for service is sought in relation to—
a bill of advocation;
a bill of suspension; or
a petition to the nobile officium,
the complainer or petitioner shall provide two copies of the bill or petition when presenting it to the F2clerk of the appropriate Appeal Court for registration.
Where a first order for service is granted, the F3clerk of the appropriate Appeal Court shall provide the complainer or petitioner with a certified copy of—
the bill or petition; and
the interlocutor granting first order for service.
The complainer or petitioner shall serve the certified copy of the bill or petition and interlocutor on the respondent.
Where a bill or petition arises from proceedings in a lower court, the F4clerk of the appropriate Appeal Court shall intimate a copy to that court.
In this rule, “clerk of the appropriate Appeal Court” means—
in a case where the bill or petition is presented to the High Court, the Clerk of Justiciary;
in a case where the bill is presented to the Sheriff Appeal Court, the Clerk of the Sheriff Appeal Court.
Annotations
Textual amendments
- F1
Sch. 2 Ch. 29A inserted (30.4.2009) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2009 (S.S.I. 2009/144), paras. 1(1), 5
- F2
Words in Sch. 2 rule 29A.1(1) 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), 4(6)(a) (with para. 6(3))
- F3
Words in Sch. 2 rule 29A.1(2) 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), 4(6)(a) (with para. 6(3))
- F4
Words in Sch. 2 rule 29A.1(4) 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), 4(6)(a) (with para. 6(3))
- F5
Sch. 2 rule 29A.1(5) inserted (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), 4(6)(b) (with para. 6(3))