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Rule 28.7 Questions about competency of applicationF1I1

Scotland

(1)

A question about the competency of an application for a new trial may be referred to the procedural Appeal Sheriff by a party, other than the applicant.

(2)

A question is referred by lodging a reference in Form 28.7.

(3)

A question may be referred within 7 days after the date on which the application for a new trial was lodged.

(4)

Where a reference is lodged, the Clerk is to fix a hearing and intimate the time and date of that hearing to the parties.

(5)

Within 7 days after the date on which the reference is lodged, each party must lodge a note of argument.

(6)

That note of argument must—

(a)

give fair notice of the submissions the party intends to make on the question of competency;

(b)

comply with the requirements in rule 28.11(3) (notes of argument).

(7)

Paragraphs (4) and (5) of rule 28.11 apply to a note of argument lodged under paragraph (5).

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