Sheriff Courts (Scotland) Act 1907

Form of appeal to the sheriff principal S

[F1 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

F1 Sch. 1 rule 31.4 inserted (1.11.1996) by S.I. 1996/2445, para. 3(43)(d)