PART 7SPECIAL APPEAL PROCEEDINGS
CHAPTER 29APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT
Appendices to print considered unnecessaryI129.10
1
Where the applicant considers that it is not necessary to lodge an appendix, the applicant must, no later than 7 days before the procedural hearing—
a
give written notice of that fact to the Clerk;
b
intimate that notice to every respondent.
2
Where the applicant complies with paragraph (1), the respondent may apply by motion for an order requiring the applicant to lodge an appendix.
3
An application under paragraph (2) must specify the documents or notes of evidence that the respondent considers should be included in the appendix.
4
In disposing of an application under paragraph (2), the procedural Appeal Sheriff may—
a
grant the application and make an order requiring the applicant to lodge an appendix;
b
refuse the application and make an order requiring the respondent to lodge an appendix; or
c
refuse the application and make no order.
5
Where the procedural Appeal Sheriff makes an order requiring the applicant or the respondent to lodge an appendix, that order must specify—
a
the documents or notes or evidence to be included in the appendix;
b
the time within which the appendix must be lodged.