Rule 22.1 Note of basis of preliminary plea

A party intending to insist on a preliminary plea shall, not later than 3 days before the Options Hearing under F1rule 9.12, the Procedural Hearing under rule 10.6 or the Full Case Management Hearing under rule 33.36P or rule 33A.36P—

Where the Options Hearing or Full Case Management Hearing is continued under rules 9.12(5) or 33.36P(7) and a preliminary plea is added by adjustment, a party intending to insist on that plea shall, not later than 3 days before the date of the Options Hearing or Full Case Management Hearing so continued—

If a party fails to comply with paragraph (1) F4or (2), F5the party is deemed to be no longer insisting on the preliminary plea; and the plea shall be repelled by the sheriff at the Options Hearing F6, Procedural Hearing or Full Case Management Hearing.

At any proof before answer or debate, parties may F7on cause shown raise matters in addition to those set out in the note mentioned in paragraph (1) or (2).

Where a note of the basis of a preliminary plea has been lodged under paragraph (1), and the Options Hearing is continued under rule 9.12(5), unless the basis of the plea has changed following further adjustment, it shall not be necessary for a party who is insisting on the plea to lodge a further note before the Options Hearing so continued.