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Paragraph 36A.10 Pre-proof timetableF1

(1)

The pre-proof timetable mentioned in rule 36A.9(5)(b) must contain provision for the following—

(a)

no later than 24 weeks before the proof—

(i)

a date for a pre-proof hearing;

(ii)

the last date for the lodging of a draft valuation and vouchings by the pursuer;

(b)

no later than 20 weeks before the proof, the last date for the lodging of a draft valuation and vouchings by the defender;

(c)

no later than 16 weeks before the proof, the last date for the lodging of witness lists and productions, including a paginated joint bundle of medical F2records, by the parties;

(d)

no later than 12 weeks before the proof, the last date for a pre-trial meeting;

(e)

no later than 8 weeks before the proof, a date for a further pre-proof hearing.

(2)

Rule 36.K1(1), (2)(b) and (5) applies to a pre-trial meeting held under this Chapter as it applies to a pre-trial meeting held under Chapter 36.

(3)

Prior to the pre-proof hearing mentioned in subparagraph (1)(e)—

(a)

the pursuer must lodge in process a joint minute of the pre-trial meeting in Form PI7 (minute of pre-trial meeting);

(b)

the parties must lodge in process any other joint minutes.

(4)

At any time the sheriff may, at the sheriff’s own instance or on the motion of a party—

(a)

fix a pre-proof hearing;

(b)

vary the pre-proof timetable,

where the sheriff considers that the efficient determination of the action would be served by doing so.

Annotations

Textual amendments

F1

Sch. 1 Ch. 36A inserted (22.9.2015) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015 (S.S.I. 2015/227), paras. 1(2), 8(14) (with para. 11(2)(3)) (as amended by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015 (S.S.I. 2015/296), paras. 1(2), 4(2))

F2

Word in Sch. 1 rule 36A.10(1)(c) substituted (28.11.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/367), paras. 1(2), 2(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