Rule 6.5 Order for intimation and answersI1

Scotland

(1)

Subject to paragraph (2), on the first available court day after the appeal is lodged, the Clerk must make an order for—

(a)

intimation of the appeal, within 7 days after the date of the order, to be given to—

(i)

the respondent;

(ii)

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

(b)

any person on whom the appeal is intimated to lodge answers in Form 6.5, if so advised, within 14 days after the date of intimation.

(2)

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

(a)

of the procedural Appeal Sheriff’s own accord; or

(b)

on cause shown, on the application of the appellant.

(3)

That application must—

(a)

be included in the note of appeal;

(b)

give reasons for varying the period.

(4)

Where an appeal is intimated under this rule, the appellant must lodge a certificate of intimation in Form 6.5-A within 14 days after the date of intimation, or such other period as the procedural Appeal Sheriff may direct.

(5)

In the answers, the respondent or other interested party must state—

(a)

his or her view on whether the appeal should be appointed to Chapter 7 procedure or Chapter 8 procedure;

(b)

why he or she has reached that view, taking into account the matters mentioned in rule 6.11(3).

Annotations

Commencement

I1: Para. 6.5 in force at 6.1.2022, see para. 1.1(2)