Paragraph 36A.7 Closing recordF1

(1)

On the expiry of the period for adjustment, the record closes.

(2)

Following the closing of the record, the sheriff clerk must, without the attendance of parties—

(a)

prepare and sign an interlocutor recording the closing of the record and fixing the date of the Procedural Hearing under rule 36A.9, which date must be on the first suitable court day occurring not sooner than 21 days after the closing of the record; and

(b)

intimate the date of the hearing to each party.

(3)

The pursuer must, no later than 7 days before the Procedural Hearing fixed under paragraph (2)—

(a)

send a copy of the closed record to the defender and to every other party; and

(b)

lodge a certified copy of the closed record in process.

(4)

The closed record is to consist only of the pleadings of the parties and any adjustments and amendments to them.

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))

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