Rule 16.3 Orders for intimation and answersI1

Scotland

(1)

On the first available court day after being lodged, a minute must be brought before the procedural Appeal Sheriff for an order—

(a)

for intimation, within 7 days after the date of the order, to—

(i)

every other party to the appeal;

(ii)

any other person who appears to have an interest in the minute;

(b)

for any person to whom the minute is intimated to lodge answers, if so advised, within 14 days after the date of intimation;

(c)

fixing a hearing on the minute and any answers no sooner than 28 days after the date of the order.

(2)

The procedural Appeal Sheriff may vary the periods of 7 days, 14 days and 28 days mentioned in paragraph (1) either—

(a)

of the procedural Appeal Sheriff’s own accord; or

(b)

on cause shown, on the application of the applicant.

(3)

An application mentioned in paragraph (2)(b) must—

(a)

be included in the minute;

(b)

give reasons for varying the period.

(4)

Where a minute is intimated in accordance with an order under this rule, the applicant must lodge a certificate of intimation in Form 6.5-A within 14 days after the date of intimation.

Annotations

Commencement

I1: Para. 16.3 in force at 6.1.2022, see para. 1.1(2)