OpenLegislation

Rule 28.13 Procedural hearingF1I1

Scotland

(1)

At the procedural hearing, the procedural Appeal Sheriff is to 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 a hearing of the application for a new trial; 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 is to fix a hearing of the application for a new trial;

(b)

the Clerk is to 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)

is to 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.

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 28.13 in force at 1.1.2016, see rule 1.1(2)