Rule 7.6 Appendix to appeal print considered unnecessaryI1

Scotland

(1)

Where the appellant considers that it is not necessary to lodge an appendix, the appellant must, no later than 14 days before the procedural hearing—

(a)

give written notice of that fact to the Clerk;

(b)

intimate that notice to every respondent.

(2)

Where the appellant complies with paragraph (1), the respondent may apply by motion for an order requiring the appellant to lodge an appendix.

(3)

An application under paragraph (2) must specify the documents or notes of evidence that the respondent considers should be included in the appendix.

(4)

In disposing of an application, the procedural Appeal Sheriff may—

(a)

grant the application and make an order requiring the appellant to lodge an appendix;

(b)

refuse the application and make an order requiring the respondent to lodge an appendix; or

(c)

refuse the application and make no order.

(5)

Where the procedural Appeal Sheriff makes an order under paragraph (4)(a) or (b), that order must specify—

(a)

the documents or notes or evidence to be included in the appendix;

(b)

the time within which the appendix must be lodged.

Annotations