Act of Sederunt (Summary Cause Rules) 2002

Appeals

25.1.—(1) An appeal to the sheriff principal, other than an appeal to which rule 25.4 applies, must be by note of appeal in Form 31 lodged with the sheriff clerk not later than 14 days after the date of final decree–

(a) requesting a stated case; and

(b) specifying the point of law upon which the appeal is to proceed.

(2) The appellant must, at the same time as lodging a note of appeal, intimate a copy of it to every other party.

(3) The sheriff must, within 28 days of the lodging of a note of appeal, issue a draft stated case containing–

(a) findings in fact and law or, where appropriate, a narrative of the proceedings before him;

(b) appropriate questions of law; and

(c) a note stating the reasons for his decisions in law,

and the sheriff clerk must send a copy of the draft stated case to the parties.

(4) In an appeal where questions of admissibility or sufficiency of evidence have arisen, the draft stated case must contain a description of the evidence led at the proof to which these questions relate.

(5) Within 14 days of the issue of the draft stated case–

(a) a party may lodge with the sheriff clerk a note of any adjustments which he seeks to make;

(b) a respondent may state any point of law which he wishes to raise in the appeal; and

(c) the note of adjustment and, where appropriate, point of law must be intimated to every other party.

(6) The sheriff may, on the motion of a party or of his own accord, and must where he proposes to reject any proposed adjustment, allow a hearing on adjustments and may provide for such further procedure under this rule prior to the hearing of the appeal as he thinks fit.

(7) The sheriff must, within 14 days after–

(a) the latest date on which a note of adjustments has been or may be lodged; or

(b) where there has been a hearing on adjustments, that hearing,

and after considering such note and any representations made to him at the hearing, state and sign the case.

(8) If the sheriff is temporarily absent from duty for any reason, the sheriff principal may extend any period specified in paragraphs (3) or (7) for such period or periods as he considers reasonable.

(9) The stated case signed by the sheriff must include questions of law, framed by him, arising from the points of law stated by the parties and such other questions of law as he may consider appropriate.

(10) After the sheriff has signed the stated case, the sheriff clerk must–

(a) place before the sheriff principal all documents and productions in the case together with the stated case; and

(b) send to the parties a copy of the stated case together with a written note of the date, time and place of the hearing of the appeal.