PART 7SPECIAL APPEAL PROCEEDINGS

CHAPTER 28APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT

Procedural hearing

28.13.—(1) At the procedural hearing, the procedural Appeal Sheriff is to ascertain the state of preparation of the parties, so far as reasonably practicable.

(2) The procedural Appeal Sheriff may—

(a)determine that parties are ready to proceed to a hearing of the application for a new trial; or

(b)determine that further procedure is required

(3) Where the procedural Appeal Sheriff determines that parties are ready to proceed—

(a)the procedural Appeal Sheriff is to fix a hearing of the application for a new trial;

(b)the Clerk is to intimate the date and time of that hearing to the parties;

(c)the procedural Appeal Sheriff may make an order specifying further steps to be taken by the parties before the hearing.

(4) Where the procedural Appeal Sheriff determines that further procedure is required, the procedural Appeal Sheriff—

(a)is to make an order to secure the expeditious disposal of the appeal;

(b)may direct the Clerk to fix a further procedural hearing and intimate the date and time of that hearing to parties.