Act of Sederunt (Sheriff Appeal Court Rules) 2015

Sist of application for new trial and variation of timetable

28.6.—(1) Any party may apply by motion to—

(a) sist the application for a new trial for a specified period;

(b) recall a sist;

(c) vary the timetable.

(2) An application is to be determined by the procedural Appeal Sheriff.

(3) An application to sist the application for a new trial or to vary the timetable may only be granted on special cause shown.

(4) The procedural Appeal Sheriff may—

(a) grant the application;

(b) refuse the application; or

(c) make an order not sought in the application, where the procedural Appeal Sheriff considers that doing so would secure the expeditious disposal of the appeal.

(5) Where the procedural Appeal Sheriff makes an order sisting the application for a new trial, the Clerk is to discharge the procedural hearing fixed under rule 28.5(2) (timetable: fixing procedural hearing).

(6) When a sist is recalled or expires, the Clerk is to—

(a) issue a revised timetable in Form 28.5;

(b) fix a procedural hearing.

(7) Where the procedural Appeal Sheriff makes an order varying the timetable, the Clerk is to—

(a) discharge the procedural hearing fixed under rule 28.5(2) (timetable: fixing procedural hearing);

(b) issue a revised timetable in Form 28.5;

(c) fix a procedural hearing.