Rule 3.72 F1

(1)

On receipt of a review application, a sheriff may–

(a)

if he is satisfied that he may properly do so, make an order under section 13(2) of the Act of 2004 without holding a hearing or, if he is not so satisfied, make such an order after giving the parties an opportunity to be heard;

(b)

require of any of the parties further information before making any further order;

(c)

fix a date for a hearing of the review application and grant warrant to cite witnesses and havers.

(2)

The sheriff may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the F2witness is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

(3)

An order fixing a hearing for a review application shall be intimated by the sheriff clerk–

(a)

on the day the order is made; and

(b)

in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

Annotations

Textual amendments

F1: Ch. 3 Pt. 11 inserted (1.4.2005) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/190), paras. 1(1), 2(3)
F2: Word in rule 3.72(2) substituted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(4)

Notes on Part CHAPTER 3

Textual amendments

F1: Ch. 3 heading substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(9)