Procedure on lodging
26.—(1) On the lodging of the minute, the Clerk of Justiciary or the sheriff clerk, as the case may be, shall—
(a)endorse on it the time and date on which it was received;
(b)as soon as possible, place the minute before a judge.
(2) On considering the minute in the absence of parties or of any person acting on their behalf, or otherwise as he thinks fit, the judge—
(a)if the minute raises a matter mentioned in paragraph (a) of section 76(1) (competency and relevancy, etc.), shall make an order for a preliminary diet specifying the date and time of the diet and the period (if any) for which the trial diet is postponed in terms of section 76(4);
(b)if the minute raises a matter mentioned in either paragraphs (b) or (c) of section 76(1), may make or refuse to make such an order.