Rule 18.3 Arrangements for peremptory hearingI1

Scotland

(1)

On the first available court day after notice is given under rule 18.2(1), the procedural Appeal Sheriff must make an order—

(a)

ordaining the party whose solicitor has withdrawn from acting to appear or be represented at a peremptory hearing;

(b)

fixing a date and time for the peremptory hearing;

(c)

appointing any other party to the appeal to intimate the order and a notice in Form 18.3 to that party within 7 days after the date of the order.

(2)

A peremptory hearing must be fixed no sooner than 14 days after the date on which an order is made under paragraph (1).

(3)

The procedural Appeal Sheriff may vary the period of 7 days mentioned in paragraph (1) or the period of 14 days mentioned in paragraph (2) either—

(a)

of the procedural Appeal Sheriff’s own accord; or

(b)

on cause shown, on the application of any other party to the appeal.

(4)

Where any previously fixed hearing is to occur within 14 days after the date on which the procedural Appeal Sheriff is to make an order under paragraph (1), the procedural Appeal Sheriff may continue consideration of the matter to the previously fixed hearing instead of making an order under paragraph (1).

(5)

Where an order and a notice in Form 18.3 are intimated under this rule, the party appointed to intimate them must lodge a certificate of intimation in Form 6.5-A either—

(a)

within 14 days after the date of intimation; or

(b)

before the peremptory hearing,

whichever is sooner.

Annotations

Commencement

I1: Para. 18.3 in force at 6.1.2022, see para. 1.1(2)