# Act of Sederunt (Sheriff Appeal Court Rules) 2015, Rule 28.7: Questions about competency of application

Extent: S

(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).

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Source: https://www.legislation.gov.uk/ssi/2015/356/rule/28.7 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-sheriff-appeal-court-rules-2015/rule-28.7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.