Section 26 Fee payable by party applying for jury trial in civil cause.
Scotland
Where an order is made—
for the trial of any action by a jury in the Court of Session whether such action originated in that Court or was removed thereto under section thirty of the Sheriff Courts (Scotland) Act M11907, or
for the trial of any action by a jury in the sheriff court,
the person on whose application such order is made shall pay to the clerk of court such fee as may be fixed by F1an order made by the Secretary of State. . ., and in the event of his failure to do so within such time as may be F2so fixed . . . F3the court may recall the order.
A fee payable in pursuance of the last foregoing subsection shall form part of the expenses of the action and shall be returned to the person who paid it in the event of the trial not being proceeded with and no person being cited to attend for service as a juror thereat.
Annotations
Textual amendments
- F1
Words substituted by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), s. 6(1), Sch. 1 para. 9(a)
- F2
Word inserted by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), s. 6(1), Sch. 1 para. 9(b)
- F3
Words repealed by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), s. 6(2), Sch. 2
Marginal citations
- M1