SCHEDULES

F1 first schedule S ORDINARY CAUSE RULES 1993

Textual Amendments

F1 Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

[F1 Initiation andprogress of causes] S

CHAPTER 31 S APPEALS

Time limit for appeal S

31.1. Subject to the provisions of any other enactment, an interlocutor which may be appealed against may be appealed within 14 days after the date of the interlocutor unless it has been extracted following a motion under rule 30.4(2) (early extract).

Applications for leave to appeal S

31.2. (1) Where leave to appeal is required, applications for leave to appeal against an interlocutor of a sheriff shall be made within 7 days after the date of the interlocutor against which it is sought to appeal unless the interlocutor has been extracted following a motion under rule 30.4(2) (early extract).

(2) Subject to the provisions of any other enactment, where leave to appeal has been granted, an appeal shall be made within 7 days after the date on which leave was granted.

(3) An application for leave to appeal from a decision in relation to a time to pay direction made under section 1 of the M1 Debtors (Scotland) Act 1987 or the recall or restriction of an arrestment made under section 3(4) of that Act shall specify the question of law on which the appeal is made.

Marginal Citations

M1 1987 c.18.

Form of appeal to Court of Session S

[F2 31.3. (1) An appeal to the Court of Session shall be marked by writing a note of appeal–

(a) on the interlocutor sheet or other written record containing the interlocutor appealed against, or

(b) where the decision appealed against is not available or the proceedings appealed against are recorded in an official book, on a separate sheet lodged with the sheriff clerk,

in the following terms:– “The pursuer [or defenderor as the case may be] appeals to the Court of Session.”.

(2) A note of appeal under paragraph (1) shall–

(a) be signed by the appellant or his solicitor;

(b) bear the date on which it is signed; and

(c) where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him in the appeal.]

Textual Amendments

F2 Sch. 1 rule 31.3 substituted (1.11.1996) by S.I. 1996/2445, para. 3(43)(c)

Form of appeal to the sheriff principal S

[F3 31.4. (1) An appeal to the sheriff principal shall be marked by lodging a note of appeal in Form A1.

(2) A note of appeal under paragraph (1) shall–

(a) be signed by the appellant or his solicitor;

(b) bear the date on which it is signed;

(c) where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him in the appeal; and

(d) where a note has not been provided by the sheriff, request that the sheriff write a note setting out the reasons for his decision.

(3) The grounds of appeal in a note of appeal shall consist of brief specific numbered propositions stating the grounds on which it is proposed to submit that the appeal should be allowed or as the case may be.

(4) On marking or lodging a note of appeal, the appellant shall send a copy of the note of appeal to every other party.

(5) An appellant–

(a) may amend the grounds of appeal at any time up to 14 days before the date assigned for the hearing of the appeal; and

(b) shall at the same time send or deliver a copy of such amendment to every other party.

(6) Where any party wishes to cross-appeal, he shall–

(a) lodge a note of the grounds of appeal in accordance with paragraph (1) not less than 7 days before the date assigned for the hearing of the appeal; and

(b) at the same time send a copy of the note to every other party.

(7) The sheriff principal may, on cause shown, shorten or dispense with the time limits mentioned in paragraphs (5) and (6).

(8) On a note of appeal being lodged, the sheriff clerk shall note on the interlocutor sheet that an appeal has been marked and the date of the appeal.]

Textual Amendments

F3 Sch. 1 rule 31.4 inserted (1.11.1996) by S.I. 1996/2445, para. 3(43)(d)

Transmission of process and notice to parties S

[F4 31.5. (1) Where an appeal is marked in terms of rule 31.3 (appeal to Court of Session) or 31.4 (appeal to sheriff principal), the sheriff clerk shall transmit the process of the cause–

(a) in an appeal to the sheriff principal, to him; or

(b) in an appeal to the Court of Session, to the Deputy Principal Clerk of Session, within the period specified in rule 40.6 of the M2 Rules of the Court of Session 1994.

(2) On transmitting the process in terms of paragraph (1), the sheriff clerk shall–

(a) send written notice of the appeal to every party; and

(b) certify on the interlocutor sheet that he has done so.

(3) Failure of the sheriff clerk to comply with paragraph (2) shall not invalidate the appeal.]

Textual Amendments

F4 Sch. 1 rule 31.5 inserted (1.11.1996) by S.I. 1996/2445, para. 3(43)(d)

Marginal Citations

M2 S.I. 1994/1443.

Record of pleadings etc. S

[F5 31.6. In an appeal to him, the sheriff principal may order the appellant to lodge a record of the pleadings containing all adjustments made in the cause with–

(a) a copy of all relevant interlocutors;

(b) any other document lodged in process by any party or produced by order of the sheriff, whether or not pursuant to a commission and diligence for its recovery; and

(c) any other document to which reference is intended to be made in the appeal, by any party.]

Textual Amendments

F5 Sch. 1 rule 31.6 inserted (1.11.1996) by S.I. 1996/2445, para. 3(43)(d)

Determination of appeal S

[F6 31.7. In an appeal to him, the sheriff principal shall–

(a) hear parties at an oral hearing; or

(b) on the motion of the parties, and if he thinks fit, dispose of the appeal without ordering an oral hearing.]

Textual Amendments

F6 Sch. 1 rule 31.7 inserted (1.11.1996) by S.I. 1996/2445, para. 3(43)(d)

Fixing of Options Hearing or making other order following appeal S

[F7 31.8. On determination of an appeal from a decision of the sheriff made before or at an Options Hearing or any continuation of it, the sheriff principal may order the sheriff clerk to fix a new date for a hearing under rule 9.12 (options hearing) or may make such other order as he thinks fit.]

Textual Amendments

F7 Sch. 1 rule 31.8 inserted (1.11.1996) by S.I. 1996/2445, para. 3(43)(d)

Appeals in connection with orders under section 11 of the Children (Scotland) Act 1995 or aliment S

[F8 31.9. Where an appeal is marked against an interlocutor making an order under section 11 of the M3 Children (Scotland) Act 1995(court orders relating to parental responsibilities etc.) or in respect of aliment, the marking of that appeal shall not excuse obedience to or implement of that order unless by order of the sheriff, the sheriff principal or the Court of Session, as the case may be.]

Textual Amendments

F8 Sch. 1 rule 31.9 inserted (1.11.1996) by S.I. 1996/2445, para. 3(43)(d)

Marginal Citations

M3 1995 c.36.

Interim possession etc. pending appeal S

[F9 31.10.] (1) Notwithstanding an appeal, the sheriff or sheriff principal from whose decision an appeal has been taken shall have power—

(a) to regulate all matters relating to interim possession;

(b) to make any order for the preservation of any property to which the action relates or for its sale if perishable;

(c) to make provision for the preservation of evidence; or

(d) to make any interim order which a due regard to the interests of the parties may require.

(2) An order made under paragraph (1) may be reviewed—

(a) by the sheriff principal, on an appeal to him; or

(b) the Court of Session, on an appeal to it.

Textual Amendments

F9 Sch. 1 rule 31.6 renumbered as Sch. 1 rule 31.10 (1.11.1996) by S.I. 1996/2445, para. 3(43)(b)

Abandonment of appeal S

[F10 31.11.] After an appeal to the sheriff principal has been marked, the appellant shall not be entitled to abandon his appeal unless—

(a) of consent of all other parties; or

(b) with leave of the sheriff principal.

Textual Amendments

F10 Sch. 1 rule 31.7 renumbered as Sch. 1 rule 31.11 (1.11.1996) by S.I. 1996/2445, para. 3(43)(b)