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Rule 28.2 Form of application for new trialF1I1

Scotland

(1)

An application for a new trial is to be made in Form 28.2.

(2)

Such an application must be made within 7 days after the date on which the jury have returned their verdict.

(3)

The F2application must specify the grounds on which the application is made.

(4)

When an application for a new trial is lodged, the party lodging it must also lodge—

(a)

a print containing—

(i)

the pleadings in the sheriff court process;

(ii)

the interlocutors in the sheriff court process;

(iii)

the issues and counter-issues;

(b)

the verdict of the jury;

(c)

any exception and the determination on it of the sheriff presiding at the trial;

(d)

a process made up in accordance with paragraph 4 of Schedule 1 (form of process).

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

Word in rule 28.2(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(10)

Commencement

I1

Rule 28.2 in force at 1.1.2016, see rule 1.1(2)