Rule 7.6 Sist of appeal and variation of timetableF1I1
Scotland
Any party may apply by motion to—
sist the appeal for a specified period;
recall a sist;
vary the timetable.
An application to sist the appeal or vary the timetable may only be granted on special cause shown.
The procedural Appeal Sheriff may—
grant the application;
refuse the application; or
make an order not sought in the application, where the procedural Appeal Sheriff considers that doing so would secure the expeditious disposal of the appeal.
Where the procedural Appeal Sheriff makes an order sisting the appeal, the Clerk is to discharge the procedural hearing fixed under rule 7.2(2) (timetable: fixing procedural hearing).
When a sist is recalled or expires, the Clerk is to—
issue a revised timetable in Form 7.2;
fix a procedural hearing.
Where the procedural Appeal Sheriff makes an order varying the timetable, the Clerk is to—
discharge the procedural hearing fixed under rule 7.2(2) (timetable: fixing procedural hearing);
issue a revised timetable in Form 7.2;
fix a procedural hearing.
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 7.6 in force at 1.1.2016, see rule 1.1(2)