Rule 6.4 Applications to appeal out of timeI1

Scotland

(1)

This rule applies where the enactment under which the appeal is made—

(a)

specifies a period within which the appeal must be made; and

(b)

provides that a party may apply to the Court to allow an appeal to be made outwith that period.

(2)

An application to allow an appeal to be received out of time is to be made by motion.

(3)

That motion is to be made when the note of appeal is lodged.

(4)

The application is to be determined by a procedural Appeal Sheriff.

(5)

Where a motion to allow an appeal to be received out of time is determined—

(a)

the Clerk is to—

(i)

notify the sheriff clerk of the outcome of the application;

(ii)

transmit the note of appeal and the Court’s interlocutor to the sheriff clerk;

(b)

the sheriff clerk is to place the note of appeal in the process.

(6)

Where an application to allow an appeal to proceed out of time is granted, the appeal will proceed as if it had been made in time.

Annotations