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5.10.—(1) An application to the High Court for a direction to extend a time limit referred to in section 37(9) of the Act of 1995 shall be made by petition.
(2) A petition under paragraph (1) shall be intimated to the other party and lodged with a certificate of intimation with the sheriff clerk.
(3) The sheriff clerk shall, on the lodging of a petition, transmit it to the Clerk of Justiciary with a certified copy of the relative petition and record of proceedings.
(4) A petition under paragraph (1) may be disposed of by a single judge of the High Court.
(5) The Clerk of Justiciary shall, as soon as possible after he receives the petition—
(a)fix a diet for the hearing; and
(b)intimate the diet to the prosecutor and the accused.
(6) The Clerk of Justiciary shall, on the disposal of the petition by the High Court, transmit a certified copy of the order of the High Court to the sheriff clerk.
(7) The sheriff clerk shall, on receiving the certified copy of the order, attach it to the record of proceedings.
Commencement Information
I1Sch. 2 rule 5.10 in force at 1.4.1996, see para. 1(1)
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