OpenLegislation

Rule 16.1 Amendment of sheriff court pleadingsF1I1

Scotland

(1)

Any party to an appeal may apply by motion to amend the pleadings in the sheriff court process.

(2)

Where the procedural Appeal Sheriff—

(a)

allows an amendment to the pleadings in the sheriff court process; and

(b)

considers that the amendment makes a material change to the pleadings,

the procedural Appeal Sheriff may set aside the decision appealed against and remit the matter to the sheriff for a further hearing.

Annotations

Textual amendments

F1

Rules revoked (with saving in rule 34.3) (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.1 (with rules 1.2, 34.3)

Commencement

I1

Rule 16.1 in force at 1.1.2016, see rule 1.1(2)