Act of Sederunt (Sheriff Appeal Court Rules) 2021

Transmission of sheriff court process

7.11.—(1) The Court may order—

(a) of its own accord;

(b) on cause shown, where any party to the appeal applies for such an order by motion,

that the sheriff court process, or any part of it, must be transmitted to the Clerk.

(2) Where the procedural Appeal Sheriff makes such an order, the Clerk must send a copy of the order to the sheriff clerk.

(3) Within 4 days after receipt of the order, the sheriff clerk must—

(a) send written notice to each party to the cause;

(b) certify on the interlocutor sheet that sub-paragraph (a) has been complied with;

(c) transmit the sheriff court process, or the specified part of it, to the Clerk.

(4) On receipt of the sheriff court process, the Clerk must—

(a) mark the date of receipt on—

(i) the interlocutor sheet, where the entire process is transmitted;

(ii) the part of process that has been transmitted, where the procedural Appeal Sheriff has specified that only part of the process is to be transmitted;

(b) send written notice of that date to the parties.

(5) Where the Clerk or a sheriff clerk fails to comply with this rule—

(a) that does not affect the validity of the appeal;

(b) the procedural Appeal Sheriff may, as the procedural Appeal Sheriff thinks fit, make an order to enable the appeal to proceed as if the failure had not occurred.