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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.