# Sheriff Courts (Scotland) Act 1907, Paragraph 36B.2: Applications for jury trial


(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.
(2) Where the pursuer fails to lodge a proposed issue—
(a) the pursuer is held to have departed from the right to jury trial unless—
(i) the court, on cause shown, otherwise orders; or
(ii) another party lodges a proposed issue under paragraph (3);
(b) any other party may apply by motion for a proof.
(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.
(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.
(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.
(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.
(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.
(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.
(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.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/First/paragraph/36B.2 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-First/paragraph-36B.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.