Rule 28.14 Application to enter jury verdictF1I1
Scotland
This rule applies to an application under section 71(2) of the 2014 Act (verdict subject to opinion of the Court).
Such an application is to be made in Form 28.14.
When F2an application is lodged, the party lodging it must also lodge—
a print containing—
the pleadings in the sheriff court process;
the interlocutors in the sheriff court process;
the issues and counter-issues;
the verdict of the jury;
any exception and the determination on it of the sheriff presiding at the trial;
a process made up in accordance with paragraph 4 of Schedule 1 (form of process).
Unless the procedural Appeal Sheriff otherwise directs—
it is not necessary for the purposes of such a motion to print the notes of evidence; but
the notes of the sheriff presiding at the trial may be produced at any time if required.
The procedural Appeal Sheriff may refer an application referred to in paragraph (1) to the Court in cases of complexity or difficulty.
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)
- F2
Words in rule 28.14(3) substituted (31.12.2015) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(3), 19(11)
Commencement
- I1
Rule 28.14 in force at 1.1.2016, see rule 1.1(2)