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Rule 11.7 Retention and disposal of parts of process by sheriff clerk

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where any cause has been finally determined and the period for F1making an appeal has expired without an appeal having been F2made, the sheriff clerk shall—

(a)

retain—

(i)

the initial writ;

(ii)

any closed record;

(iii)

the interlocutor sheets;

(iv)

any joint minute;

(v)

any offer and acceptance of tender;

(vi)

any report from a person of skill;

(vii)

any affidavit; and

(viii)

any extended shorthand notes of the proof; and

(b)

dispose of all other parts of process (except productions) in such a manner as seems appropriate.

(2)

Where an appeal has been F3made on the final determination of the cause, the sheriff clerk shall exercise his duties mentioned in paragraph (1) after the final disposal of the appeal and any subsequent procedure.

Annotations

Textual amendments

F1

Word in Sch. 1 rule 11.7(1) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 5(3)(a)(i) (with para. 20)

F2

Word in Sch. 1 rule 11.7(1) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 5(3)(a)(ii) (with para. 20)

F3

Word in Sch. 1 rule 11.7(2) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 5(3)(b) (with para. 20)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5