{
  "url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-First/paragraph-36B.2",
  "json_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-First/paragraph-36B.2.json",
  "legislation": "ukpga/Edw7/7/51",
  "legislation_title": "Sheriff Courts (Scotland) Act 1907",
  "legislation_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907",
  "path": "schedule/First/paragraph/36B.2",
  "kind": "paragraph",
  "number": "36B.2",
  "heading": "Applications for jury trial",
  "text": "(1) 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.\n(2) Where the pursuer fails to lodge a proposed issue—\n(a) the pursuer is held to have departed from the right to jury trial unless—\n(i) the court, on cause shown, otherwise orders; or\n(ii) another party lodges a proposed issue under paragraph (3);\n(b) any other party may apply by motion for a proof.\n(3) 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.\n(4) 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.\n(5) 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.\n(6) 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.\n(7) 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.\n(8) 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.\n(9) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 Ch. 36B 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(15)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/First/paragraph/36B.2",
    "retrieved_at": "2026-10-29T12:21:51.257811+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}