Act of Sederunt (Sheriff Appeal Court Rules) 2021

Notes of argument

8.3.—(1) This rule applies where parties are ordered to lodge notes of argument.

(2) The parties must lodge notes of argument by the date specified in the order that fixes the hearing or in such other order the Court may make to regulate procedure in the appeal.

(3) A note of argument must summarise briefly the submissions the party intends to develop at the hearing.

(4) A note of argument must—

(a) state, in brief numbered paragraphs, the points that the party intends to make;

(b) after each point, identify by means of a page or paragraph reference the relevant passage in any notes of evidence or other document on which the party relies in support of the point;

(c) for every authority that is cited—

(i) state the proposition of law that the authority demonstrates;

(ii) identify the page or paragraph references for the parts of the authority that support the proposition;

(d) cite only one authority for each proposition of law, unless additional citation is necessary for a proper presentation of the argument.

(5) Where a note of argument has been lodged and the party lodging it subsequently becomes aware that an argument in the note is not to be insisted upon, that party must—

(a) give written notice of that fact to the Clerk;

(b) intimate that notice to every other party.

(6) Where a party wishes to advance an argument at a hearing that is not contained in that party’s note of argument, the party must apply by motion for leave to advance the argument.