OpenLegislation

Paragraph 36B.5 Application of certain rules relating to proofsF1

(1)

Chapter 29 of these Rules applies to an action in which issues have been approved for jury trial as they apply to an action in which a proof has been allowed.

(2)

Despite paragraph (1), the following rules of Chapter 29 do not apply—

(a)

rule 29.4 (renouncing probation);

(b)

rule 29.5 (orders for proof);

(c)

rule 29.6 (hearing parts of proof separately);

(d)

rule 29.11 (lodging productions);

(e)

rule 29.15 (instruction of shorthand writer).

Annotations

Textual amendments

F1

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)

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