OpenLegislation

Paragraph 36B.8 Exceptions to sheriff’s chargeF1

(1)

Where a party seeks to take exception to a direction on a point of law given by the sheriff in the sheriff’s charge to the jury or to request the sheriff to give a direction differing from or supplementary to the directions in the charge, that party must, immediately on the conclusion of the charge, so intimate to the sheriff, who will hear the parties in the absence of the jury.

(2)

The party dissatisfied with the charge to the jury must formulate in writing the exception taken or the direction sought; and the exception or direction, as the case may be, and the sheriff’s decision on it, must be recorded in a note of exception under the direction of the sheriff and is to be certified by the sheriff.

(3)

After the note of exception has been certified, the sheriff may give such further or other directions to the jury in open court as the sheriff thinks fit before the jury considers its verdict.

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