Paragraph 91 SPECIAL CASE

On the special case being authenticated in terms of Rule 105, the Principal Clerk shall transmit the same, with relative productions, if any, which have been made part of the case, to the Deputy Principal Clerk of the Court of Session and shall notify such transmission to the parties thereto.

Within fourteen days after the receipt of the special case by the said Deputy Principal Clerk of Session, or, where such fourteen days expire during a vacation or recess of the Court of Session, then on or before the first sederunt day of the Court of Session thereafter ensuing, the party on whose requisition the special case has been stated shall lodge the same, together with any productions made part of the case, in the General Department of the Court of Session, along with a process and copies of productions for the use of the Court in terms of Rules of the Court of Session Nos. 20 and 26(b) and shall at the same time intimate the lodging of the special case to the opposite party or his solicitor and delivery to him at least ten copies of the said case; and shall also deliver three copies of the said case to the Principal Clerk of the Land Court.

In the event of such party failing to lodge the special case within the time above prescribed, any other party thereto may within the like period of time from such failure, lodge the special case and also lodge copies with the Principal Clerk of the Land Court all in like manner.

In the event of the special case not being lodged as above prescribed, the special case shall, unless the Court of Session otherwise orders, be deemed to have been withdrawn or abandoned by all the parties thereto and shall be re-transmitted by the Deputy Principal Clerk of Session to the Principal Clerk of the Land Court; and the Land Court may thereafter determine any questions of expenses relating to the preparation and settling of the special case and shall otherwise proceed where any further procedure is necessary or expedient, as if no special case had been required.