# Sheriff Courts (Scotland) Act 1907, Rule 22.1: Note of basis of preliminary plea

Extent: S

(1) A party intending to insist on a preliminary plea shall, not later than 3 days before the Options Hearing under rule 9.12, the Procedural Hearing under rule 10.6 or the Full Case Management Hearing under rule 33.36P or rule 33A.36P—
(a) lodge in process a note of the basis for the plea; and
(b) intimate a copy of it to every other party.
(2) 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—
(a) lodge in process a note of the basis for the plea; and
(b) intimate a copy of it to every other party.
(3) If a party fails to comply with paragraph (1) or (2), the 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 , Procedural Hearing or Full Case Management Hearing.
(4) At any proof before answer or debate, parties may on cause shown raise matters in addition to those set out in the note mentioned in paragraph (1) or (2).
(5) 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.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/1/chapter/22/rule/22.1 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-1/chapter-22/rule-22.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.