Sheriff Courts (Scotland) Act 1907

CHAPTER 22SPRELIMINARY PLEAS

Note of basis of preliminary pleaS

22.1.(1)A party intending to insist on a preliminary plea shall, not later than 3 days before the Options Hearing under rule 9.12 or the Procedural Hearing under rule 10.6—

(a)lodge in process a note of the basis for the plea; and

(b)intimate a copy of it to every other party.

(2)If a party fails to comply with paragraph (1), he shall be deemed to be no longer insisting on the preliminary plea; and the plea shall be repelled by the sheriff at the Options Hearing or Procedural Hearing.

(3)At any proof before answer or debate, parties may raise matters in addition to those set out in the note mentioned in paragraph (1).