Paragraph 36B.2 Applications for jury trialF1

Within 14 days after the date of an interlocutor allowing a jury trial, the pursuer must lodge in process the proposed issue for jury trial and a copy of it for the use of the court.

Where the pursuer fails to lodge a proposed issue—

Where a pursuer fails to lodge a proposed issue, any other party may, within 7 days after the expiry of the period specified in paragraph (1), lodge in process a proposed issue for jury trial and a copy of it.

Where a proposed issue has been lodged under paragraph (1) or (3), any other party may, within 7 days after the date on which the proposed issue has been lodged, lodge in process a proposed counter-issue and a copy of it for the use of the court.

A proposed counter-issue may include any question of fact which is made the subject of a specific averment on record or is relevant to the party’s pleas-in-law notwithstanding that it does not in terms meet the proposed issue.

The party lodging a proposed issue must, on the day after the date on which the period for lodging a proposed counter-issue expires, apply by motion for approval of the proposed issue.

Any party who has lodged a proposed counter-issue under paragraph (4) must, within 7 days after the lodging of a motion for approval of a proposed issue under paragraph (6), apply by motion for approval of the proposed counter-issue.

Where a motion for approval of a proposed counter-issue has been lodged, the motion for approval of a proposed issue will be heard at the same time as that motion.

The sheriff, on granting a motion for approval of a proposed issue or proposed counter-issue, must specify in an interlocutor the approved issues to be put to the jury.