Paragraph 36A.8 Lodging of written statementsF1
Each party must, no later than 7 days before the Procedural Hearing fixed under rule 36A.7(2) lodge in process and send to every other party a written statement containing proposals for further procedure which must state—
whether the party is seeking to have the action appointed to debate or to have the action sent to proof;
where it is sought to have the action appointed to debate—
the legal argument on which any preliminary plea should be sustained or repelled; and
the principal authorities (including statutory provisions) on which the argument is founded;
where it is sought to have the action appointed to proof—
the issues for proof;
the names, occupations (where known) and addresses of the witnesses who are intended to be called to give evidence, including the matters to which each witness is expected to speak and the time estimated for each witness;
whether any such witness is considered to be a vulnerable witness within the meaning of section 11(1) of the Act of 2004 and whether any child witness notice under section 12(2) of that Act or vulnerable witness application under section 12(6) of that Act has been, or is to be, lodged in respect of that witness;
the progress made in preparing and exchanging the reports of any skilled persons;
the progress made in obtaining and exchanging records, particularly medical records;
the progress made in taking and exchanging witness statements;
the time estimated for proof and how that estimate was arrived at;
any other progress that has been made, is to be made, or could be made in advance of the proof;
whether an application has been or is to be made under rule 36B.2 (applications for jury trial).
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