Rule 6.2 Form of appealF1I1
Scotland
An appeal is made by lodging a note of appeal in Form 6.2.
The note of appeal must—
specify—
the decision complained of;
the date on which the decision was made;
the date on which it was intimated to the appellant;
any other relevant information;
state the grounds of appeal in brief specific numbered paragraphs setting out concisely the grounds on which it is proposed that the appeal should be allowed;
have appended to it a copy of the interlocutor containing the decision appealed against;
where the sheriff’s note is available, have appended to it a copy of the note;
where the sheriff’s note is not available, indicate whether the appellant—
has requested that the sheriff writes a note and is awaiting its production;
requests that the sheriff write a note; or
considers that the appeal is sufficiently urgent that the Court should hear and determine the appeal without the sheriff’s note;
state whether, taking into account the matters in rule 6.6(3), the appellant considers that the appeal should be appointed to the standard appeal procedure or to the accelerated appeal procedure;
be signed F3...;
where the appellant is represented by a solicitor, specify the name and business address of the solicitor.
When a note of appeal is lodged, the appellant must lodge 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
Rule 6.2(2)(ba) inserted (7.7.2016) by Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/194), paras. 1(2), 7(2)(a)
- F3
Words in rule 6.2(2)(f) omitted (7.7.2016) by virtue of Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/194), paras. 1(2), 7(2)(b)
Commencement
- I1
Rule 6.2 in force at 1.1.2016, see rule 1.1(2)
Notes on Chapter 6
Modifications
- C1
Ch. 6 applied (1.1.2016) by S.I. 1986/2297, rule 36A (as inserted 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(2), 3(3) (with para. 20))
- C2
Ch. 6 applied (1.1.2016) by S.I. 1988/2013, rule 72(3A) (as inserted 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(2), 4(2)(b) (with para. 20))
- C3
Ch. 6 applied (1.1.2016) by S.S.I. 2002/560, Sch. 1 rule 36A (as inserted 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(2), 13(2) (with para. 20))
- C4
Ch. 6 applied (1.1.2016) by S.S.I. 2008/119, Sch. rule 8A(2) (as inserted 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(2), 14(3) (with para. 20))
- C5
Ch. 6 applied (1.1.2016) by S.S.I. 2009/284, Sch. rule 7 (as substituted 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(2), 15(3) (with para. 20))
- C6
Ch. 6 applied (1.1.2016) by S.S.I. 2009/382, Sch. rule 14(4) (as inserted 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(2), 16(2)(b) (with para. 20))