Sheriff Courts (Scotland) Act 1907

Making up open record S

[F1 36A.4. (1) The pursuer must lodge a copy of the pleadings in the form of an open record within the timescale in paragraph (2), (3) or (4), as the case may be.

(2) As regards an action appointed to this Chapter under rule 36.C1 (actions based on clinical negligence), the open record must be lodged within 14 days after the date on which defences are lodged under rule 9.6.

(3) As regards an action appointed to this Chapter under rule 36.F1 (disapplication of personal injuries procedure), the open record must be lodged within 14 days after the date on which defences are adjusted in accordance with rule 36.F1(4)(b).

(4) As regards an action appointed to this Chapter under rule 36A.1 (actions withdrawn from Chapter 36 by sheriff), the open record must be lodged—

(a) where the action is appointed to this Chapter before the lodging of defences, within 14 days after the date on which defences are lodged under rule 9.6; or

(b) where the action is appointed to this Chapter following the lodging of defences, within 14 days after the date on which defences are adjusted in accordance with rule 36A.2(b).]

Textual Amendments

F1 Sch. 1 Ch. 36A 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(14) (with para. 11(2)(3)) (as amended 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. 2015/296), paras. 1(2), 4(2))