OpenLegislation

Rule 7.6 Sist of appeal and variation of timetableF1I1

Scotland

(1)

Any party may apply by motion to—

(a)

sist the appeal for a specified period;

(b)

recall a sist;

(c)

vary the timetable.

(2)

An application to sist the appeal or vary the timetable may only be granted on special cause shown.

(3)

The procedural Appeal Sheriff may—

(a)

grant the application;

(b)

refuse the application; or

(c)

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.

(4)

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).

(5)

When a sist is recalled or expires, the Clerk is to—

(a)

issue a revised timetable in Form 7.2;

(b)

fix a procedural hearing.

(6)

Where the procedural Appeal Sheriff makes an order varying the timetable, the Clerk is to—

(a)

discharge the procedural hearing fixed under rule 7.2(2) (timetable: fixing procedural hearing);

(b)

issue a revised timetable in Form 7.2;

(c)

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)