OpenLegislation

Rule 11.8 Uplifting of productions from process

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

F1(1)

Where a party has lodged productions in a cause, that party must uplift the productions from process within the period specified in paragraph (1A).

(1A)

The period is within 14 days after—

(a)

the expiry of the period within which an appeal may be made following final determination of the cause, if no appeal is made; or

(b)

the date on which such an appeal is finally disposed of.

(2)

Where any production has not been uplifted as required by paragraph (1), the sheriff clerk shall intimate to—

(a)

the solicitor who lodged the production, or

(b)

where no solicitor is acting, the party himself or such other party as seems appropriate,

that if he fails to uplift the production within 28 days after the date of such intimation, it will be disposed of in such a manner as the sheriff directs.

Annotations

Textual amendments

F1

Sch. 1 rule 11.8(1)(1A) substituted for Sch. 1 rule 11.8(1) (7.7.2016) by Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/194), paras. 1(2), 3(2)

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