Sheriff Courts (Scotland) Act 1907

Retention and disposal of parts of process by sheriff clerk S

11.7. (1) Where any cause has been finally determined and the period for [F1 making] an appeal has expired without an appeal having been [F2 made], the sheriff clerk shall—

(a) retain—

(i) the initial writ;

(ii) any closed record;

(iii) the interlocutor sheets;

(iv) any joint minute;

(v) any offer and acceptance of tender;

(vi) any report from a person of skill;

(vii) any affidavit; and

(viii) any extended shorthand notes of the proof; and

(b) dispose of all other parts of process (except productions) in such a manner as seems appropriate.

(2) Where an appeal has been [F3 made] on the final determination of the cause, the sheriff clerk shall exercise his duties mentioned in paragraph (1) after the final disposal of the appeal and any subsequent procedure.

Textual Amendments

F1 Word in Sch. 1 rule 11.7(1) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 5(3)(a)(i) (with para. 20)

F2 Word in Sch. 1 rule 11.7(1) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 5(3)(a)(ii) (with para. 20)

F3 Word in Sch. 1 rule 11.7(2) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 5(3)(b) (with para. 20)