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Sheriff Courts (Scotland) Act 1907
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Changes over time for: Paragraph 98
Version Superseded: 01/01/1994
Alternative versions:
- 01/02/1991- Amendment
- 04/05/1992- Amendment
- 05/04/1993
Point in time - Stop date 01/01/1994- Amendment
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Objection to auditor’s reportS
98(1)Where an account of expenses [F1awarded in any cause] is lodged for taxation, the account and process shall be transmitted by the sheriff clerk to the auditor of court, and the auditor shall assign a diet of taxation not earlier than 7 days from the date he receives the account and intimate that diet forthwith to the party who lodged the account.
(2)The party who lodged the account of expenses shall then, forthwith, send a copy thereof and intimate the date, time and place of the diet of taxation to each of the other parties and when the account has been taxed the auditor shall re-transmit the process with the account and his report to the sheriff clerk.
(3)Where the auditor has reserved consideration of the account at the date of the taxation he shall inform the parties who attended the taxation of his decision.
(4)A party may lodge a note of objections to an account as taxed only where he attended the diet of taxation, and the note of objections shall be lodged within 7 days from the date of the taxation of the account, and the sheriff shall dispose of such objection in a summary manner, with or without answers.
(5)If no note of objections is lodged within said period the sheriff may grant decree for the expenses as taxed.
Textual Amendments
F1Words in rule 98(1) inserted by S.I. 1992/249, para. 2(9)
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