CHAPTER 2SUMMARY PROCEDURE

PART IVAPPEAL PROCEDURE

Duties of Solicitors

Duty to print stated case, etc.136

1

The Edinburgh solicitor (or, if unrepresented, the appellant or complainer) shall—

a

have printed the complaint, minutes of proceedings, and stated case or Bill;

b

not later than 7 days before the hearing, return the process to the Clerk of Justiciary;

c

provide copies of the print to—

i

the Clerk of Justiciary, and

ii

the Edinburgh solicitor for the respondent.

2

If the Edinburgh solicitor or the appellant or complainer, as the case may be, cannot comply with any of the requirements of paragraph (1), he shall, not later than 7 days before the hearing, so inform the Clerk of Justiciary with reasons.

3

On being so informed the Clerk of Justiciary may in his discretion postpone the hearing by dropping the appeal from the Justiciary Roll.

4

If he does not do so, the Court may at the hearing allow the appeal to be dropped from the Roll, or may dismiss the appeal.