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Rule 28.9 Appendices to print: contentsF1I1

Scotland

(1)

The applicant must lodge an appendix to the print mentioned in rule 28.2(4)(a) no later than 7 days before the procedural hearing, unless rule 28.10(1) (giving notice that applicant considers appendix unnecessary) is complied with.

(2)

The appendix is to contain—

(a)

any document lodged in the sheriff court process that is founded upon in the application for a new trial;

(b)

the notes of evidence from the trial, if it is sought to submit them for consideration by the Court.

(3)

Where the sheriff’s note has not been included in the print and it subsequently becomes available, the applicant must—

(a)

include it in the appendix where the appendix has not yet been lodged; or

(b)

lodge a supplementary appendix containing the sheriff’s note.

(4)

The parties must—

(a)

discuss the contents of the appendix;

(b)

so far as possible, co-operate in making up the appendix.

Annotations

Textual amendments

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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

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Rule 28.9 in force at 1.1.2016, see rule 1.1(2)