Rule 29.7 Questions about competency of applicationI1

Scotland

(1)

A question about the competency of an application for a new trial may be referred to the procedural Appeal Sheriff by a party, other than the applicant.

(2)

A question is referred by lodging a reference in Form 29.7.

(3)

A question may be referred within 7 days after the date on which the application for a new trial was lodged.

(4)

Where a reference is lodged, the Clerk must fix a hearing and intimate the time and date of that hearing to the parties.

(5)

Within 7 days after the date on which the reference is lodged, each party must lodge a note of argument.

(6)

That note of argument must—

(a)

give fair notice of the submissions the party intends to make on the question of competency;

(b)

comply with the requirements in rule 29.11(3).

(7)

Paragraphs (4) and (5) of rule 29.11 apply to a note of argument lodged under paragraph (5).

Annotations

Commencement

I1: Para. 29.7 in force at 6.1.2022, see para. 1.1(2)