LegalizeAct of Sederunt (Simple Procedure) 2016
| 8.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about the orders which the sheriff can give to manage or decide a case. | This Part is about the orders which the sheriff can give to manage or decide a case. |
| 8.2 | What are orders? | What are orders? |
| (1) | Orders are the way that the sheriff uses the powers of the sheriff to manage or decide a case. | Orders are the way that the sheriff uses the powers of the sheriff to manage or decide a case. |
| (2) | Orders may be given to the parties in writing, using the Order of the Sheriff Form. | Orders may be given to the parties in writing, using the Order of the Sheriff Form. |
| (3) | Orders may be given to the parties in person at a hearing, case management discussion or discussion in court. | Orders may be given to the parties in person at a hearing, case management discussion or discussion in court. |
| (4) | Written orders must be signed or authenticated electronically by either the sheriff or the sheriff clerk. | Written orders must be signed or authenticated electronically by either the sheriff or the sheriff clerk. |
| 8.3 | What are standard orders? | What are standard orders? |
| (1) | There are standard orders which the sheriff may give in typical situations. | There are standard orders which the sheriff may give in typical situations. |
| (2) | The sheriff may ...: | The sheriff may ...: |
| (a) | give parties a standard order, | |
| (b) | give parties an amended version of a standard order, or | |
| (c) | give parties an order customised to their case. | |
| 8.4 | What are unless orders? | What are unless orders? |
| (1) | The sheriff may give a party an order which states that unless that party does something or takes a step, then the sheriff will make a decision in the case, including: | The sheriff may give a party an order which states that unless that party does something or takes a step, then the sheriff will make a decision in the case, including: |
| (a) | dismissing the claim, | |
| (b) | awarding the claimant some or all of what was asked for in the Claim Form. | |
| (2) | If that party does not do the thing or take the step that the party was ordered to, then the decision in the case must be made. | If that party does not do the thing or take the step that the party was ordered to, then the decision in the case must be made. |
| (3) | An order made under paragraph (1) must be formally served by the sheriff clerk on the party given the order unless the sheriff directs otherwise. | An order made under paragraph (1) must be formally served by the sheriff clerk on the party given the order unless the sheriff directs otherwise. |
| 8.5 | What if a party does not follow an order? | What if a party does not follow an order? |
| (1) | Where a party does not follow an order the sheriff may make a decision in the case, including: | Where a party does not follow an order the sheriff may make a decision in the case, including: |
| (a) | dismissing the claim or part of the claim, | |
| (b) | awarding the claimant some or all of what was asked for in the Claim Form. |
PART 9: Additional Orders Applications
| 9.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about applications which the parties may make to the court to ask for things to be done in a case (additional orders to those mentioned in Part 8). | This Part is about applications which the parties may make to the court to ask for things to be done in a case (additional orders to those mentioned in Part 8). |
| 9.2 | How do you ask for orders to be made? | How do you ask for orders to be made? |
| (1) | A party may apply for an order by: | A party may apply for an order by: |
| (a) | asking the sheriff to make an order in person at a case management discussion or hearing, or | |
| (b) | completing an Additional Orders Application and sending it to the court (see rule 9.3). | |
| 9.3 | How do you complete an Additional Orders Application? | How do you complete an Additional Orders Application? |
| (1) | A party may apply for an order by sending the other party an Additional Orders Application unless it is not possible to send it to the other party. | A party may apply for an order by sending the other party an Additional Orders Application unless it is not possible to send it to the other party. |
| (2) | That party must, at the same time, send the court a copy of the Additional Orders Application with evidence that it was sent to the other party (for example, a postal receipt or copy of an email) or, if it is not possible to send it to the other party, with an explanation of why it is not possible to send it to the other party. | That party must, at the same time, send the court a copy of the Additional Orders Application with evidence that it was sent to the other party (for example, a postal receipt or copy of an email) or, if it is not possible to send it to the other party, with an explanation of why it is not possible to send it to the other party. |
| (3) | The Additional Orders Application must set out: | The Additional Orders Application must set out: |
| (a) | the order the party wants the sheriff to make, and | |
| (b) | why the party thinks the sheriff should make the orders. | |
| 9.4 | How do you object to an Additional Orders Application? | How do you object to an Additional Orders Application? |
| (1) | If the party who has been sent the Additional Orders Application objects to the order requested, that party must do two things: | If the party who has been sent the Additional Orders Application objects to the order requested, that party must do two things: |
| (a) | set out the objection in the Additional Orders Application, and | |
| (b) | send the Additional Orders Application to the court and the other party within 10 days of the Additional Orders Application being sent. | |
| 9.5 | What will the court do with an Additional Orders Application? | What will the court do with an Additional Orders Application? |
| (1) | The sheriff will consider the Additional Orders Application and any objection to it. | The sheriff will consider the Additional Orders Application and any objection to it. |
| (2) | The sheriff may: | The sheriff may: |
| (a) | grant the Additional Orders Application, or part of it, and give written orders to the parties, | |
| (b) | refuse the Additional Orders Application, and make no orders, or | |
| (c) | order the parties to appear at a discussion in court, where the sheriff will consider whether to make any orders. | |
| Pausing cases | Pausing cases | Pausing cases |
| 9.6 | What happens if a case is paused? | What happens if a case is paused? |
| (1) | If a case is paused, then any discussions or hearings in the case are cancelled and the case will not progress until it is restarted. | If a case is paused, then any discussions or hearings in the case are cancelled and the case will not progress until it is restarted. |
| 9.7 | What can the court do with a paused case? | What can the court do with a paused case? |
| (1) | The sheriff clerk must present to the sheriff a case which has been paused for 6 months or more. | The sheriff clerk must present to the sheriff a case which has been paused for 6 months or more. |
| (2) | The sheriff may then formally serve on the parties written orders which provide that unless a party does something or takes a step, then the sheriff may dismiss the claim. | The sheriff may then formally serve on the parties written orders which provide that unless a party does something or takes a step, then the sheriff may dismiss the claim. |
| (3) | An order made under paragraph (2) must be formally served by the sheriff clerk on the party given the order unless the sheriff directs otherwise. | An order made under paragraph (2) must be formally served by the sheriff clerk on the party given the order unless the sheriff directs otherwise. |
| (4) | If that party does not do the thing or take the step ordered, the sheriff may make a decision in the case, including— | If that party does not do the thing or take the step ordered, the sheriff may make a decision in the case, including— |
| (a) | dismissing the claim or part of the claim, | |
| (b) | awarding the claimant some or all of what was asked for in the claim form. | |
| Miscellaneous applications | Miscellaneous applications | Miscellaneous applications |
| 9.8 | How can a person become an additional respondent in a case? | How can a person become an additional respondent in a case? |
| (1) | A person who is not a respondent may apply to become a respondent in a case by sending an Additional Orders Application to the court and all parties (see rule 9.3). | A person who is not a respondent may apply to become a respondent in a case by sending an Additional Orders Application to the court and all parties (see rule 9.3). |
| (2) | The Additional Orders Application must set out why that person has an interest in becoming a respondent. | The Additional Orders Application must set out why that person has an interest in becoming a respondent. |
| (3) | The Additional Orders Application must have attached to it a draft Response Form. | The Additional Orders Application must have attached to it a draft Response Form. |
| (4) | The sheriff may grant the application without a discussion in court, but must order a discussion if considering refusing the application. | The sheriff may grant the application without a discussion in court, but must order a discussion if considering refusing the application. |
| (5) | If ordering a discussion in court, the sheriff must also order the person wishing to become a respondent to formally serve a copy of the notice of the discussion on all of the parties. | If ordering a discussion in court, the sheriff must also order the person wishing to become a respondent to formally serve a copy of the notice of the discussion on all of the parties. |
| (6) | If granting the application, the sheriff must give orders allowing the additional respondent to participate in the case as a respondent. | If granting the application, the sheriff must give orders allowing the additional respondent to participate in the case as a respondent. |
| (7) | The sheriff clerk may formally serve the copy of the notice of the discussion if the person wishing to become a respondent is: | The sheriff clerk may formally serve the copy of the notice of the discussion if the person wishing to become a respondent is: |
| (a) | not a company, limited liability partnership or partnership, and | |
| (b) | is not legally represented. | |
| 9.9 | What can happen if a party dies or becomes legally incapacitated? | What can happen if a party dies or becomes legally incapacitated? |
| (1) | If a party dies or becomes legally incapacitated before a sheriff decides a case, then a person who asserts a right to represent that party or that party’s estate may apply to represent that party by sending an Additional Orders Application to the court (see rule 9.3). | If a party dies or becomes legally incapacitated before a sheriff decides a case, then a person who asserts a right to represent that party or that party’s estate may apply to represent that party by sending an Additional Orders Application to the court (see rule 9.3). |
| (2) | The Additional Orders Application must set out why that person should be allowed to represent that party or that party’s estate. | The Additional Orders Application must set out why that person should be allowed to represent that party or that party’s estate. |
PART 10: Documents and other evidence
| 10.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about how parties should lodge documents and other evidence with the court before a hearing. | This Part is about how parties should lodge documents and other evidence with the court before a hearing. |
| (2) | This Part is also about how parties can apply for orders to recover documents from other people. | This Part is also about how parties can apply for orders to recover documents from other people. |
| Lodging documents and other evidence | Lodging documents and other evidence | Lodging documents and other evidence |
| 10.2 | How can you lodge documents and other evidence with the court? | How can you lodge documents and other evidence with the court? |
| (1) | Parties must send each other and the court a List of Evidence Form at least 2 weeks before the hearing. | Parties must send each other and the court a List of Evidence Form at least 2 weeks before the hearing. |
| (2) | The List of Evidence Form must set out the documents and other evidence that they are lodging with the court. | The List of Evidence Form must set out the documents and other evidence that they are lodging with the court. |
| (3) | The parties must at the same time as sending each other and the court a List of Evidence Form— | The parties must at the same time as sending each other and the court a List of Evidence Form— |
| (3) | (a) | lodge the documents and other evidence with the court, and |
| (3) | (b) | send copies of the documents and, if possible, other evidence to the other parties. |
| (4) | Documents and other evidence may be lodged with the court by sending them to the sheriff clerk. | Documents and other evidence may be lodged with the court by sending them to the sheriff clerk. |
| (5) | If a party considers that there would be practical difficulties involved in sending evidence to the sheriff clerk, that party must contact the sheriff clerk. | If a party considers that there would be practical difficulties involved in sending evidence to the sheriff clerk, that party must contact the sheriff clerk. |
| (6) | In that situation, the sheriff clerk may give that party permission to lodge only a brief description of the evidence. The party must bring the evidence to any hearing. | In that situation, the sheriff clerk may give that party permission to lodge only a brief description of the evidence. The party must bring the evidence to any hearing. |
| 10.3 | What documents and other evidence can a party bring to a hearing? | What documents and other evidence can a party bring to a hearing? |
| (1) | A party may bring to a hearing documents and other evidence which have not been lodged with the court. | A party may bring to a hearing documents and other evidence which have not been lodged with the court. |
| (2) | The sheriff may refuse to consider these. | The sheriff may refuse to consider these. |
| 10.4 | How can other parties borrow or inspect documents and other evidence lodged with the court? | How can other parties borrow or inspect documents and other evidence lodged with the court? |
| (1) | A solicitor, or the authorised assistant of a solicitor, may borrow any documents or other evidence which have been lodged with the court. | A solicitor, or the authorised assistant of a solicitor, may borrow any documents or other evidence which have been lodged with the court. |
| (2) | Any documents or other evidence borrowed must be returned to the court before midday (1200 hours) on the last day the court is open before the hearing. | Any documents or other evidence borrowed must be returned to the court before midday (1200 hours) on the last day the court is open before the hearing. |
| (3) | A party who is not represented by a solicitor may, during normal business hours, inspect documents or other evidence at the sheriff clerk's office. | A party who is not represented by a solicitor may, during normal business hours, inspect documents or other evidence at the sheriff clerk's office. |
| (4) | Where it is possible to do so, that party may take copies or photographs of documents or other evidence. | Where it is possible to do so, that party may take copies or photographs of documents or other evidence. |
| 10.5 | How long will the court keep documents and other evidence for? | How long will the court keep documents and other evidence for? |
| (1) | The court must keep the documents and other evidence for at least 4 weeks after the sheriff has made a decision. | The court must keep the documents and other evidence for at least 4 weeks after the sheriff has made a decision. |
| (2) | If a party has appealed the sheriff's decision, the court must keep the documents and other evidence until that appeal has been decided. | If a party has appealed the sheriff's decision, the court must keep the documents and other evidence until that appeal has been decided. |
| (3) | Each party must collect the documents or other evidence which that party lodged with the court within 2 weeks of: | Each party must collect the documents or other evidence which that party lodged with the court within 2 weeks of: |
| (a) | the end of the 4 week period, or | |
| (b) | if the decision is appealed, the date of the appeal decision. | |
| (4) | If a party has not collected the documents and other evidence by the end of that 2 weeks, the sheriff clerk must send the party a warning that if the documents and other evidence is not collected within 2 weeks of the warning, then it will be destroyed or disposed of. | If a party has not collected the documents and other evidence by the end of that 2 weeks, the sheriff clerk must send the party a warning that if the documents and other evidence is not collected within 2 weeks of the warning, then it will be destroyed or disposed of. |
| (5) | If the documents and other evidence are not collected by the end of that further 2 weeks, the sheriff must order it to be destroyed or disposed of. | If the documents and other evidence are not collected by the end of that further 2 weeks, the sheriff must order it to be destroyed or disposed of. |
| Orders to recover documents | Orders to recover documents | Orders to recover documents |
| 10.6 | How can a party recover documents to lodge them with the court? | How can a party recover documents to lodge them with the court? |
| (1) | Where a party wants to lodge a document which they do not possess, the sheriff may make an order to recover a document from the person who possesses it. | Where a party wants to lodge a document which they do not possess, the sheriff may make an order to recover a document from the person who possesses it. |
| (2) | A party may ask the sheriff to make an order to recover documents by sending an Additional Orders Application to the court and the other party (see Part 9). | A party may ask the sheriff to make an order to recover documents by sending an Additional Orders Application to the court and the other party (see Part 9). |
| (3) | That Additional Orders Application must set out— | That Additional Orders Application must set out— |
| (3) | (a) | the documents the party would like to recover, |
| (3) | (b) | who has the documents, and |
| (3) | (c) | why the court should make the order to recover the documents. |
| (4) | After considering the Additional Orders Application, and any objection that may have been sent, the sheriff may ...: | After considering the Additional Orders Application, and any objection that may have been sent, the sheriff may ...: |
| (a) | grant the application, and make an order to recover documents, | |
| (b) | grant the application in part, and make an order to recover documents, | |
| (c) | refuse the application, | |
| (d) | order the parties to appear at a discussion in court, where the sheriff will consider whether to make an order to recover documents. | |
| 10.7 | What happens when an order to recover documents is made? | What happens when an order to recover documents is made? |
| (1) | A party who has been granted an order to recover documents must formally serve it on the person who is named in the order. | A party who has been granted an order to recover documents must formally serve it on the person who is named in the order. |
| (2) | When the sheriff clerk receives documents in response to an order to recover documents, the sheriff clerk must lodge them and send the parties a notice indicating that the documents have been received and lodged. | When the sheriff clerk receives documents in response to an order to recover documents, the sheriff clerk must lodge them and send the parties a notice indicating that the documents have been received and lodged. |
| 10.8 | What happens if the person who has the documents claims they are confidential? | What happens if the person who has the documents claims they are confidential? |
| (1) | A person who has documents mentioned in an order to recover documents must tell the court if that person believes them to be confidential. | A person who has documents mentioned in an order to recover documents must tell the court if that person believes them to be confidential. |
| (2) | This is done by: | This is done by: |
| (a) | sealing the confidential documents in an envelope, marked as confidential, | |
| (b) | completing the confidential documents part of the order to recover documents, and | |
| (c) | sending these to the court. | |
| (3) | If the party who obtained the order to recover documents wishes to open the sealed envelope containing the confidential document, the party must send an Additional Orders Application (see Part 9) to the court, the other party and the person who sent the document to the court. | If the party who obtained the order to recover documents wishes to open the sealed envelope containing the confidential document, the party must send an Additional Orders Application (see Part 9) to the court, the other party and the person who sent the document to the court. |
| (4) | If a person who has been sent the Additional Orders Application (see Part 9) objects to the confidential document being seen by the parties, that party must send that Additional Orders Application (see Part 9) to the court within 10 days of it being sent, setting out that objection. | If a person who has been sent the Additional Orders Application (see Part 9) objects to the confidential document being seen by the parties, that party must send that Additional Orders Application (see Part 9) to the court within 10 days of it being sent, setting out that objection. |
| (5) | After considering the Additional Orders Application (see Part 9), and any objection that may have been sent, the sheriff may ...: | After considering the Additional Orders Application (see Part 9), and any objection that may have been sent, the sheriff may ...: |
| (a) | grant the application, and allow the sealed envelope containing the confidential document to be opened, | |
| (b) | refuse the application, | |
| (c) | order the parties and the person who sent the document to the court to appear at a discussion in court, where the sheriff will consider whether to allow the sealed envelope containing the confidential document to be opened. | |
| (6) | When granting an application, the sheriff may order parts of the document to be redacted. | When granting an application, the sheriff may order parts of the document to be redacted. |
| 10.9 | What happens if an order to recover documents has not been complied with? | What happens if an order to recover documents has not been complied with? |
| (1) | The party who obtained the order to recover documents can ask the sheriff to make a special order to recover documents by sending an Additional Orders Application to the court and the other party (see Part 9). | The party who obtained the order to recover documents can ask the sheriff to make a special order to recover documents by sending an Additional Orders Application to the court and the other party (see Part 9). |
| (2) | . . . | . . . |
| (3) | . . . | . . . |
| 10.10 | What happens when a special order to recover documents is made? | What happens when a special order to recover documents is made? |
| (1) | A special order to recover documents appoints a person to recover the documents mentioned in the order for the court. This person is called a commissioner. | A special order to recover documents appoints a person to recover the documents mentioned in the order for the court. This person is called a commissioner. |
| (2) | The party who obtained the special order to recover documents must send it to the commissioner. | The party who obtained the special order to recover documents must send it to the commissioner. |
| (3) | The commissioner must carry out the recovery of documents mentioned in the order. | The commissioner must carry out the recovery of documents mentioned in the order. |
| (4) | When the sheriff clerk receives documents from the commissioner, the sheriff clerk must lodge them and send the parties a notice explaining that the documents have been received and lodged. | When the sheriff clerk receives documents from the commissioner, the sheriff clerk must lodge them and send the parties a notice explaining that the documents have been received and lodged. |
| 10.11 | What happens if the person who has the documents claims they are confidential? | What happens if the person who has the documents claims they are confidential? |
| (1) | A person who has documents mentioned in a special order to recover documents must tell the court if the person believes them to be confidential | A person who has documents mentioned in a special order to recover documents must tell the court if the person believes them to be confidential |
| (2) | This is done by telling the commissioner why the document is considered to be confidential and giving the commissioner the confidential document in a sealed envelope. | This is done by telling the commissioner why the document is considered to be confidential and giving the commissioner the confidential document in a sealed envelope. |
| (3) | If the party who obtained the special order to recover documents wishes to open the sealed envelope containing the confidential document, the party must send an Additional Orders Application (see Part 9) to the court, the other party and the person who sent the document to the commissioner. | If the party who obtained the special order to recover documents wishes to open the sealed envelope containing the confidential document, the party must send an Additional Orders Application (see Part 9) to the court, the other party and the person who sent the document to the commissioner. |
| (4) | If anyone who has been sent the Additional Orders Application (see Part 9) objects to the confidential document being seen by the parties, that party must send that Additional Orders Application (see Part 9) to the court within 10 days of it being sent, setting out that objection. | If anyone who has been sent the Additional Orders Application (see Part 9) objects to the confidential document being seen by the parties, that party must send that Additional Orders Application (see Part 9) to the court within 10 days of it being sent, setting out that objection. |
| (5) | After considering the Additional Orders Application (see Part 9), and any objection that may have been sent, the sheriff may ...: | After considering the Additional Orders Application (see Part 9), and any objection that may have been sent, the sheriff may ...: |
| (a) | grant the application, and allow the sealed envelope containing the confidential document to be opened, | |
| (b) | refuse the application, | |
| (c) | order the parties and the person who sent the document to the commissioner to appear at a discussion in court, where the sheriff will consider whether to allow the sealed envelope containing the confidential document to be opened. | |
| (6) | When granting an application, the sheriff may order parts of the document to be redacted. | When granting an application, the sheriff may order parts of the document to be redacted. |
PART 11: Witnesses
| 11.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about the citation of witnesses and their attendance at hearings. | This Part is about the citation of witnesses and their attendance at hearings. |
| (2) | This Part is also about measures that the court can take to assist vulnerable witnesses in giving evidence. | This Part is also about measures that the court can take to assist vulnerable witnesses in giving evidence. |
| The citation of witnesses | The citation of witnesses | The citation of witnesses |
| 11.2 | How can a party arrange the attendance of witnesses at a hearing? | How can a party arrange the attendance of witnesses at a hearing? |
| (1) | Parties must send each other and the court a List of Witnesses Form at least 2 weeks before the hearing. | Parties must send each other and the court a List of Witnesses Form at least 2 weeks before the hearing. |
| (2) | The List of Witnesses Form must set out the witnesses that they want to appear at a hearing. | The List of Witnesses Form must set out the witnesses that they want to appear at a hearing. |
| (3) | A party only needs to cite a witness to appear at a hearing if the party is unable otherwise to arrange for that witness to appear. | A party only needs to cite a witness to appear at a hearing if the party is unable otherwise to arrange for that witness to appear. |
| (4) | A witness may be cited to appear at a hearing by formally serving on that witness a Witness Citation Notice. | A witness may be cited to appear at a hearing by formally serving on that witness a Witness Citation Notice. |
| (5) | The Witness Citation Notice must be formally served on the witness at least 3 weeks before the hearing. | The Witness Citation Notice must be formally served on the witness at least 3 weeks before the hearing. |
| 11.3 | What if a witness does not appear at a hearing? | What if a witness does not appear at a hearing? |
| (1) | If a witness is cited to appear at a hearing, the witness must appear at that hearing. | If a witness is cited to appear at a hearing, the witness must appear at that hearing. |
| (2) | If a witness who has been cited does not appear at a hearing, the sheriff may order the witness to be brought to court. | If a witness who has been cited does not appear at a hearing, the sheriff may order the witness to be brought to court. |
| . . . | . . . | . . . |
| Vulnerable witnesses | Vulnerable witnesses | Vulnerable witnesses |
| 11.4 | How will the court treat a child witness? | How will the court treat a child witness? |
| (1) | If a party cites (or intends to arrange the attendance of) a child as a witness, that party must send the court and the other party a Child Witness Notice. | If a party cites (or intends to arrange the attendance of) a child as a witness, that party must send the court and the other party a Child Witness Notice. |
| (2) | A Child Witness Notice asks the sheriff to authorise the use of a special measure in taking the child witness's evidence, or to decide that the child witness is to give evidence without the benefit of any special measure. | A Child Witness Notice asks the sheriff to authorise the use of a special measure in taking the child witness's evidence, or to decide that the child witness is to give evidence without the benefit of any special measure. |
| (3) | Before the sheriff decides how to deal with the Child Witness Notice, the sheriff may order the parties to provide further information. | Before the sheriff decides how to deal with the Child Witness Notice, the sheriff may order the parties to provide further information. |
| (4) | The sheriff may decide to make the orders requested in the Child Witness Notice with or without ordering a discussion in court. | The sheriff may decide to make the orders requested in the Child Witness Notice with or without ordering a discussion in court. |
| (5) | Where the sheriff decides to have a discussion, the sheriff clerk must send the parties notice of when it will be held. | Where the sheriff decides to have a discussion, the sheriff clerk must send the parties notice of when it will be held. |
| (6) | At the discussion, the sheriff must consider the Child Witness Notice and decide whether to authorise the use of a special measure in taking the child witness's evidence, or that the child witness is to give evidence without the benefit of any special measure. | At the discussion, the sheriff must consider the Child Witness Notice and decide whether to authorise the use of a special measure in taking the child witness's evidence, or that the child witness is to give evidence without the benefit of any special measure. |
| 11.5 | How will the court treat other vulnerable witnesses? | How will the court treat other vulnerable witnesses? |
| (1) | If a party cites (or intends to arrange the attendance of) a witness who is not a child, but the party thinks that the witness is a vulnerable witness, that party may send the court and the other party a Vulnerable Witness Application. | If a party cites (or intends to arrange the attendance of) a witness who is not a child, but the party thinks that the witness is a vulnerable witness, that party may send the court and the other party a Vulnerable Witness Application. |
| (2) | A Vulnerable Witness Application asks the sheriff to decide whether the witness is a vulnerable witness. If the sheriff agrees, the sheriff may authorise the use of a special measure in taking the vulnerable witness's evidence. | A Vulnerable Witness Application asks the sheriff to decide whether the witness is a vulnerable witness. If the sheriff agrees, the sheriff may authorise the use of a special measure in taking the vulnerable witness's evidence. |
| (3) | Before the sheriff decides how to deal with the Vulnerable Witness Application, the sheriff may order the parties to provide further information. | Before the sheriff decides how to deal with the Vulnerable Witness Application, the sheriff may order the parties to provide further information. |
| (4) | The sheriff may decide to make the orders requested in the Vulnerable Witness Application with or without a discussion in court. | The sheriff may decide to make the orders requested in the Vulnerable Witness Application with or without a discussion in court. |
| (5) | Where the sheriff decides to have a discussion, the sheriff clerk must send the parties notice of when it will be held. | Where the sheriff decides to have a discussion, the sheriff clerk must send the parties notice of when it will be held. |
| (6) | At the discussion, the sheriff must consider the Vulnerable Witness Application and decide whether the witness is a vulnerable witness. If the sheriff agrees, the sheriff may authorise the use of a special measure in taking the vulnerable witness's evidence. | At the discussion, the sheriff must consider the Vulnerable Witness Application and decide whether the witness is a vulnerable witness. If the sheriff agrees, the sheriff may authorise the use of a special measure in taking the vulnerable witness's evidence. |
| 11.6 | What are special measures? | What are special measures? |
| (1) | Special measures are ways of taking the evidence of a child witness or a vulnerable witness. | Special measures are ways of taking the evidence of a child witness or a vulnerable witness. |
| (2) | The sheriff may authorise the use of any of these special measures: | The sheriff may authorise the use of any of these special measures: |
| (a) | allowing that witness to give evidence before an independent person, | |
| (b) | allowing that witness to give evidence by live television link, | |
| (c) | allowing that witness to use a screen while giving evidence, | |
| (d) | allowing that witness to be supported by someone while giving evidence. | |
| 11.7 | How can a party ask the court to review the arrangements for a child witness or a vulnerable witness? | How can a party ask the court to review the arrangements for a child witness or a vulnerable witness? |
| (1) | The party who sent a Child Witness Notice or Vulnerable Witness Application to the court may ask the sheriff to review the arrangements for the child witness or vulnerable witness to give evidence by sending the court and the other party a Special Measures Review Application. | The party who sent a Child Witness Notice or Vulnerable Witness Application to the court may ask the sheriff to review the arrangements for the child witness or vulnerable witness to give evidence by sending the court and the other party a Special Measures Review Application. |
| (2) | A Special Measures Review Application asks the sheriff to vary or revoke the current arrangements for the child witness or vulnerable witness to give evidence. | A Special Measures Review Application asks the sheriff to vary or revoke the current arrangements for the child witness or vulnerable witness to give evidence. |
| (3) | When a Special Measures Review Application is received, the sheriff may ...: | When a Special Measures Review Application is received, the sheriff may ...: |
| (a) | vary a special measure, | |
| (b) | add a new special measure, | |
| (c) | substitute a new special measure for an existing one, | |
| (d) | delete a special measure, or | |
| (e) | revoke the order authorising the use of special measures entirely. | |
| (4) | Before the sheriff decides how to deal with the Special Measures Review Application, the sheriff may order the parties to provide further information. | Before the sheriff decides how to deal with the Special Measures Review Application, the sheriff may order the parties to provide further information. |
| (5) | The sheriff may decide to make the orders requested in the Special Measures Review Application with or without a discussion in court. | The sheriff may decide to make the orders requested in the Special Measures Review Application with or without a discussion in court. |
| (6) | Where the sheriff decides to have a discussion, the sheriff clerk must send the parties notice of when it will be held. | Where the sheriff decides to have a discussion, the sheriff clerk must send the parties notice of when it will be held. |
| (7) | At the discussion, the sheriff must consider the Special Measures Review Application and decide whether to vary or revoke the current arrangements for the child witness or vulnerable witness to give evidence. | At the discussion, the sheriff must consider the Special Measures Review Application and decide whether to vary or revoke the current arrangements for the child witness or vulnerable witness to give evidence. |
| 11.8 | What happens when evidence is to be given before an independent person? | What happens when evidence is to be given before an independent person? |
| (1) | Where the sheriff authorises a child witness or a vulnerable witness to give evidence before an independent person, the hearing at which the evidence is taken is to be video recorded. | Where the sheriff authorises a child witness or a vulnerable witness to give evidence before an independent person, the hearing at which the evidence is taken is to be video recorded. |
| (2) | A party may be present when a child witness or vulnerable witness gives evidence before an independent person only if the sheriff has given permission for this to happen. | A party may be present when a child witness or vulnerable witness gives evidence before an independent person only if the sheriff has given permission for this to happen. |
| (3) | The independent person must send the video recording and any relevant documents from the hearing to the sheriff clerk. | The independent person must send the video recording and any relevant documents from the hearing to the sheriff clerk. |
| (4) | The sheriff clerk must send the parties a notice indicating that the video recording has been received. | The sheriff clerk must send the parties a notice indicating that the video recording has been received. |
| (5) | If any relevant documents or other evidence are also received, the sheriff clerk must send the parties notice of what they are and when they were received. | If any relevant documents or other evidence are also received, the sheriff clerk must send the parties notice of what they are and when they were received. |
PART 12: The hearing
| 12.1 | What is this Part about? |
|---|---|
| (1) | This Part is about the hearing at which the dispute between the parties should be resolved. |
| 12.2 | What is the purpose of the hearing? |
| (1) | The purpose of the hearing is to help the sheriff to resolve the dispute between the parties. |
| 12.3 | How will the dispute between the parties be resolved? |
| (1) | The sheriff may refer parties to alternative dispute resolution at a hearing. |
| (2) | If the sheriff thinks a negotiated settlement is possible, the sheriff must help the parties to negotiate a settlement to the dispute. |
| (3) | If no negotiated settlement is possible, the sheriff must resolve the dispute by deciding it at that hearing. |
| (4) | The sheriff may continue the hearing to another day without resolving the dispute only if it is necessary to do so. |
| (5) | But the sheriff must not continue a hearing to another day solely because a witness did not appear. |
| 12.4 | What will the sheriff do at the hearing? |
| (1) | The sheriff must ask the parties about their attitudes to negotiation and alternative dispute resolution. |
| (2) | The sheriff must identify the factual basis and legal basis of the claim and the response to the claim. |
| (3) | The sheriff must identify the factual and legal matters genuinely in dispute between the parties. |
| (4) | The sheriff must take a note of the hearing. This note is for the sheriff's own purposes and must be kept until any appeal is no longer possible or until any appeal has been concluded. |
| 12.5 | What if a party does not come to the hearing? |
| (1) | If the claimant does not come to the hearing or is not represented at the hearing, the sheriff may dismiss the claim. |
| (2) | If the respondent does not come to the hearing or is not represented at the hearing, the sheriff may make a decision in the case at that hearing. |
| (3) | If neither party comes to the hearing and neither party is represented at the hearing, the sheriff must dismiss the claim. |
| 12.6 | How will evidence be given at the hearing? |
| (1) | Before evidence is heard, the sheriff must explain to the parties the way the sheriff has decided to consider evidence at the hearing. |
| (2) | The sheriff may impose conditions on how evidence is presented or dealt with, including conditions on how witnesses are questioned or setting time limits on how long witnesses may be questioned. |
| (3) | The sheriff may decide whether the evidence of a witness is to be taken on oath or affirmation or not. |
| (4) | The sheriff may ask questions to the parties or to witnesses. |
| (5) | The sheriff may inspect any evidence with the parties or their representatives present. |
| (6) | The sheriff may inspect any place with the parties or their representatives present. |
PART 13: The decision
| 13.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about the decisions which the sheriff can make to resolve a dispute. | This Part is about the decisions which the sheriff can make to resolve a dispute. |
| (2) | This Part is also about the circumstances in which a party can apply to have a decision recalled. | This Part is also about the circumstances in which a party can apply to have a decision recalled. |
| 13.2 | When must the sheriff make the decision? | When must the sheriff make the decision? |
| (1) | At the end of the hearing, the sheriff may either make a decision there and then, or may take time to consider before making a decision. | At the end of the hearing, the sheriff may either make a decision there and then, or may take time to consider before making a decision. |
| (2) | If the sheriff takes time to consider a decision, the decision must be made within 4 weeks from the date of the hearing. | If the sheriff takes time to consider a decision, the decision must be made within 4 weeks from the date of the hearing. |
| 13.3 | How will the sheriff make the decision? | How will the sheriff make the decision? |
| (1) | If the sheriff makes a decision there and then, the sheriff must explain the reasons for that decision to the parties in person. | If the sheriff makes a decision there and then, the sheriff must explain the reasons for that decision to the parties in person. |
| (2) | If the sheriff takes time to consider a decision, the sheriff must prepare a note of the reasons for the decision, and the sheriff clerk must send that note to the parties. | If the sheriff takes time to consider a decision, the sheriff must prepare a note of the reasons for the decision, and the sheriff clerk must send that note to the parties. |
| (3) | In every case, the sheriff must set out the decision in the case in a Decision Form. | In every case, the sheriff must set out the decision in the case in a Decision Form. |
| (4) | The sheriff may correct any errors in a Decision Form .... | The sheriff may correct any errors in a Decision Form .... |
| (5) | The party in possession of a Decision Form which is to be corrected must return that original Decision Form to the court before the corrected Decision Form is sent to that party. | The party in possession of a Decision Form which is to be corrected must return that original Decision Form to the court before the corrected Decision Form is sent to that party. |
| (6) | The Decision Form must be sent to all parties to the action. | The Decision Form must be sent to all parties to the action. |
| 13.4 | What sort of decisions can the sheriff make? | What sort of decisions can the sheriff make? |
| (1) | The sheriff may make any decision which resolves the dispute between the parties, including a decision which: | The sheriff may make any decision which resolves the dispute between the parties, including a decision which: |
| (a) | orders the respondent to pay the claimant a sum of money, | |
| (b) | orders the respondent to deliver something to the claimant, | |
| (c) | orders the respondent to do something for the claimant, | |
| (d) | dismisses the claim (or part of the claim) made by the claimant, | |
| (e) | absolves the respondent of the claim (or part of the claim) made by the claimant. | |
| (2) | A decision which absolves the respondent in a claim means that the claimant cannot make a claim about the same subject against the respondent again. | A decision which absolves the respondent in a claim means that the claimant cannot make a claim about the same subject against the respondent again. |
| Recalling a decision | Recalling a decision | Recalling a decision |
| 13.5 | When can a decision of the sheriff be recalled? | When can a decision of the sheriff be recalled? |
| (1) | A party may apply to have a decision of the sheriff recalled where the sheriff either dismissed a claim in that party’s absence or made a decision in that party’s absence. | A party may apply to have a decision of the sheriff recalled where the sheriff either dismissed a claim in that party’s absence or made a decision in that party’s absence. |
| (2) | If the sheriff dismissed the claim, a party may only apply for recall within 2 weeks of the claim being dismissed. | If the sheriff dismissed the claim, a party may only apply for recall within 2 weeks of the claim being dismissed. |
| (3) | If the sheriff made a decision (other than dismissal) in the case, a party may apply for recall at any time before the decision of the sheriff has been fully implemented. | If the sheriff made a decision (other than dismissal) in the case, a party may apply for recall at any time before the decision of the sheriff has been fully implemented. |
| (4) | A party may only apply to have a decision of the sheriff recalled in a case once. | A party may only apply to have a decision of the sheriff recalled in a case once. |
| 13.6 | How can a party apply to have a decision of the sheriff recalled? | How can a party apply to have a decision of the sheriff recalled? |
| (1) | A party may apply to have a decision of the sheriff recalled by completing an Application to Recall and sending it to the court. | A party may apply to have a decision of the sheriff recalled by completing an Application to Recall and sending it to the court. |
| (2) | If the sheriff made a decision following an Application for a Decision and the respondent wants to dispute the claim or part of the claim, the respondent must include a completed Response Form with the Application to Recall. | If the sheriff made a decision following an Application for a Decision and the respondent wants to dispute the claim or part of the claim, the respondent must include a completed Response Form with the Application to Recall. |
| (3) | The sheriff clerk will check whether the Application to Recall is the first Application to Recall in the case by the party making the application. | The sheriff clerk will check whether the Application to Recall is the first Application to Recall in the case by the party making the application. |
| (4) | If it is the first Application to Recall by that party, the sheriff must send the parties an order arranging a discussion in court at which the sheriff will consider whether to recall the decision. | If it is the first Application to Recall by that party, the sheriff must send the parties an order arranging a discussion in court at which the sheriff will consider whether to recall the decision. |
| (5) | The party making the application must send a copy of the Application to Recall and any Response Form to the other party at least 5 days before the date of the discussion in court. | The party making the application must send a copy of the Application to Recall and any Response Form to the other party at least 5 days before the date of the discussion in court. |
| 13.7 | What happens when a sheriff decides to recall a decision? | What happens when a sheriff decides to recall a decision? |
| (1) | If the sheriff recalls a decision then the sheriff must give each party orders setting out the next steps they are to take to allow the dispute to be resolved. | If the sheriff recalls a decision then the sheriff must give each party orders setting out the next steps they are to take to allow the dispute to be resolved. |
PART 14: Expenses
| 14.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about the expenses of a claim which the sheriff can order a party to pay for. | This Part is about the expenses of a claim which the sheriff can order a party to pay for. |
| 14.2 | What orders about expenses can the sheriff make? | What orders about expenses can the sheriff make? |
| (1) | Once a claim has been resolved, the sheriff must make an order about expenses, such as: | Once a claim has been resolved, the sheriff must make an order about expenses, such as: |
| (a) | that no payments are to be made in respect of the expenses of any party, | |
| (b) | that a payment is to be made to a party or to a party's solicitor. | |
| (2) | Expenses incurred by a party to do with a courtroom supporter may not be part of an order about expenses. | Expenses incurred by a party to do with a courtroom supporter may not be part of an order about expenses. |
| 14.3 | When will the sheriff make an order about expenses? | When will the sheriff make an order about expenses? |
| (1) | In a case where the expenses of a claim are capped, the sheriff must make an order about expenses when deciding the claim. | In a case where the expenses of a claim are capped, the sheriff must make an order about expenses when deciding the claim. |
| (2) | In any other case, the sheriff must, if able to, make an order about expenses when deciding the claim. | In any other case, the sheriff must, if able to, make an order about expenses when deciding the claim. |
| (3) | If not able to make an order about expenses when deciding the claim, the sheriff may make an order about expenses after deciding the claim. | If not able to make an order about expenses when deciding the claim, the sheriff may make an order about expenses after deciding the claim. |
| 14.4 | What if the sheriff does not make an order about expenses when deciding the claim? | What if the sheriff does not make an order about expenses when deciding the claim? |
| (1) | If the sheriff makes an order about expenses after deciding the claim, then the sheriff must not set out the final decision in a case in a Decision Form until the order about expenses is made. | If the sheriff makes an order about expenses after deciding the claim, then the sheriff must not set out the final decision in a case in a Decision Form until the order about expenses is made. |
| (2) | If the sheriff does not make an order about expenses when deciding the claim, the sheriff must give the parties written orders. | If the sheriff does not make an order about expenses when deciding the claim, the sheriff must give the parties written orders. |
| (3) | Those orders must arrange an expenses hearing. | Those orders must arrange an expenses hearing. |
| (4) | Those orders must require a party to send an account of expenses to the court and to each other before the expenses hearing. | Those orders must require a party to send an account of expenses to the court and to each other before the expenses hearing. |
| (5) | Those orders may then require the sheriff clerk to assess the level of expenses (if any) that should be awarded to a party and to send notice of that assessment to the parties before the expenses hearing. | Those orders may then require the sheriff clerk to assess the level of expenses (if any) that should be awarded to a party and to send notice of that assessment to the parties before the expenses hearing. |
| 14.5 | What is an expenses hearing? | What is an expenses hearing? |
| (1) | The purpose of an expenses hearing is to assess the level of expenses (if any) that should be awarded to a party. | The purpose of an expenses hearing is to assess the level of expenses (if any) that should be awarded to a party. |
| (2) | At the expenses hearing, the sheriff must make an order about expenses, such as: | At the expenses hearing, the sheriff must make an order about expenses, such as: |
| (a) | that no payments are to be made in respect of the expenses of any party, | |
| (b) | that a payment is to be made to a party or to a party's solicitor. |
PART 15: How to enforce a decision
| 15.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about the steps which a successful party must take to enforce a decision. | This Part is about the steps which a successful party must take to enforce a decision. |
| 15.2 | When can a party enforce a decision? | When can a party enforce a decision? |
| (1) | After the Decision Form is sent, a party must wait 4 weeks before enforcing a decision. | After the Decision Form is sent, a party must wait 4 weeks before enforcing a decision. |
| (2) | A party must not enforce a decision if that decision is being appealed (see Part 16). | A party must not enforce a decision if that decision is being appealed (see Part 16). |
| (3) | A party who is sent an order arranging a discussion in court at which the sheriff will consider an Application to Recall must not enforce a decision until the sheriff has decided whether to recall the decision. | A party who is sent an order arranging a discussion in court at which the sheriff will consider an Application to Recall must not enforce a decision until the sheriff has decided whether to recall the decision. |
| (4) | A party must not enforce a decision which has been recalled. | A party must not enforce a decision which has been recalled. |
| 15.3 | How can a party enforce a decision? | How can a party enforce a decision? |
| (1) | If a party uses a trading name, a decision which names the party using that trading name may be enforced against the party by that name. | If a party uses a trading name, a decision which names the party using that trading name may be enforced against the party by that name. |
| (2) | Before enforcing a decision for the payment of a sum of money in the following ways: | Before enforcing a decision for the payment of a sum of money in the following ways: |
| (a) | an earnings arrestment (which is where a deduction is made from the earnings of the other party as a way of paying that sum of money), | |
| (b) | an attachment (which is where certain goods owned by the other party are seized and sold as a way of paying that sum of money), | |
| (c) | a money attachment (which is where money in the possession of the other party is seized as a way of paying that sum of money), | |
| the successful party must formally serve a Charge on the other party by sheriff officer using a method of formal service mentioned in rule 18.3. | the successful party must formally serve a Charge on the other party by sheriff officer using a method of formal service mentioned in rule 18.3. | |
| (3) | The purpose of formally serving the Charge is to give the other party one last chance to pay the sum of money ordered by the court. | The purpose of formally serving the Charge is to give the other party one last chance to pay the sum of money ordered by the court. |
| (4) | The Charge must demand payment: | The Charge must demand payment: |
| (a) | within 2 weeks if the other party is in the United Kingdom, | |
| (b) | within 4 weeks if the other party is outside the United Kingdom, | |
| (c) | within 4 weeks if the other party's address is unknown. | |
| (5) | If the demand in the Charge is not complied with, then the successful party may instruct a sheriff officer to enforce the decision. | If the demand in the Charge is not complied with, then the successful party may instruct a sheriff officer to enforce the decision. |
| (6) | The requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926. | The requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926. |
| (7) | The Charge must be in the form set out in the schedule of the Act of Sederunt (Form of charge for payment) 1988. | The Charge must be in the form set out in the schedule of the Act of Sederunt (Form of charge for payment) 1988. |
| (8) | Where the Charge is formally served, the sheriff officer is not required to send a Confirmation of Formal Service to the court. | Where the Charge is formally served, the sheriff officer is not required to send a Confirmation of Formal Service to the court. |
| 15.4 | What if the claimant does not know the respondent's address? | What if the claimant does not know the respondent's address? |
| (1) | Where the claimant is successful but does not know the respondent's address, the claimant must take all reasonable steps to find out the respondent's address. | Where the claimant is successful but does not know the respondent's address, the claimant must take all reasonable steps to find out the respondent's address. |
| (2) | If the claimant does not know the respondent's address, then instead of formally serving the Charge on the respondent, the claimant must formally serve it by sheriff officer on the sheriff clerk in the sheriff court district where the respondent's last known address was. | If the claimant does not know the respondent's address, then instead of formally serving the Charge on the respondent, the claimant must formally serve it by sheriff officer on the sheriff clerk in the sheriff court district where the respondent's last known address was. |
| (3) | The sheriff clerk must then publicise the Charge by advertising its details on the Scottish Courts and Tribunals Service website for 4 weeks. | The sheriff clerk must then publicise the Charge by advertising its details on the Scottish Courts and Tribunals Service website for 4 weeks. |
| (4) | After that 4 weeks, the sheriff clerk must certify on the Charge that the advertisement took place and send it to the person who formally served it. | After that 4 weeks, the sheriff clerk must certify on the Charge that the advertisement took place and send it to the person who formally served it. |
| (5) | The claimant may then instruct a sheriff officer to enforce the decision. | The claimant may then instruct a sheriff officer to enforce the decision. |
| 15.5 | What if the respondent does not comply with a decision? | What if the respondent does not comply with a decision? |
| (1) | A claimant may make an Alternative Decision Application where the respondent does not comply with a decision which: | A claimant may make an Alternative Decision Application where the respondent does not comply with a decision which: |
| (a) | orders the respondent to deliver something to the claimant, or | |
| (b) | orders the respondent to do something for the claimant. | |
| (2) | An Alternative Decision Application may only be made where the sheriff alternatively ordered the respondent to pay the claimant a sum of money. | An Alternative Decision Application may only be made where the sheriff alternatively ordered the respondent to pay the claimant a sum of money. |
| (3) | The application is made by sending an Alternative Decision Application to the court. | The application is made by sending an Alternative Decision Application to the court. |
| (4) | After considering the Alternative Decision Application, ...the sheriff may ...: | After considering the Alternative Decision Application, ...the sheriff may ...: |
| (a) | grant the application, and order the respondent to pay the claimant a sum of money, | |
| (b) | refuse the application, | |
| (c) | order the claimant to appear at a discussion in court, where the sheriff will consider whether to make any orders. | |
| (5) | A copy of the alternative Decision Form is to be sent to all parties. | A copy of the alternative Decision Form is to be sent to all parties. |
PART 16: How to appeal a decision
| 16.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal. | This Part is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal. |
| 16.2 | How do you appeal a decision? | How do you appeal a decision? |
| (1) | A party may appeal a decision within 4 weeks from the Decision Form being sent. | A party may appeal a decision within 4 weeks from the Decision Form being sent. |
| (2) | A party may appeal a decision by sending a completed Appeal Form to the sheriff court. | A party may appeal a decision by sending a completed Appeal Form to the sheriff court. |
| (3) | That party must at the same time send a copy of the completed Appeal Form to the other party. | That party must at the same time send a copy of the completed Appeal Form to the other party. |
| (4) | The Appeal Form must set out the legal points which the party making the appeal wants the Sheriff Appeal Court to answer. | The Appeal Form must set out the legal points which the party making the appeal wants the Sheriff Appeal Court to answer. |
| (5) | A party may not appeal a decision if that party can apply to have that decision recalled (see Part 13). | A party may not appeal a decision if that party can apply to have that decision recalled (see Part 13). |
| 16.3 | What will the sheriff do with an appeal? | What will the sheriff do with an appeal? |
| (1) | The sheriff must prepare a draft Appeal Report within 4 weeks of the court receiving an Appeal Form. | The sheriff must prepare a draft Appeal Report within 4 weeks of the court receiving an Appeal Form. |
| (2) | The draft Appeal Report must set out the factual and legal basis for the decision which the sheriff came to. | The draft Appeal Report must set out the factual and legal basis for the decision which the sheriff came to. |
| (3) | The draft Appeal Report must set out legal questions for the Sheriff Appeal Court to answer. | The draft Appeal Report must set out legal questions for the Sheriff Appeal Court to answer. |
| (4) | The sheriff clerk must send the draft Appeal Report to all parties. | The sheriff clerk must send the draft Appeal Report to all parties. |
| (5) | All parties may, within 2 weeks of the draft Appeal Report being sent to them, send the sheriff a note of any other legal points they wish the Sheriff Appeal Court to answer and any factual points in the draft Appeal Report they disagree with. | All parties may, within 2 weeks of the draft Appeal Report being sent to them, send the sheriff a note of any other legal points they wish the Sheriff Appeal Court to answer and any factual points in the draft Appeal Report they disagree with. |
| (6) | The sheriff may order a discussion in court to consider whether amendments should be made to the Appeal Report. | The sheriff may order a discussion in court to consider whether amendments should be made to the Appeal Report. |
| (7) | The sheriff may then amend the Appeal Report. | The sheriff may then amend the Appeal Report. |
| (8) | The sheriff must then sign or authenticate electronically the Appeal Report. | The sheriff must then sign or authenticate electronically the Appeal Report. |
| (9) | The sheriff clerk must send a copy of the signed Appeal Report to each party. | The sheriff clerk must send a copy of the signed Appeal Report to each party. |
| (10) | The sheriff clerk must transmit the following to the Clerk of the Sheriff Appeal Court: | The sheriff clerk must transmit the following to the Clerk of the Sheriff Appeal Court: |
| (a) | the note of the reasons for the sheriff's decision (if one was prepared), | |
| (b) | a copy of the Decision Form, | |
| (c) | all written orders, | |
| (d) | the signed Appeal Report, and | |
| (e) | any note sent to the court by a party. | |
| 16.4 | What will the Sheriff Appeal Court do with an appeal? | What will the Sheriff Appeal Court do with an appeal? |
| (1) | The Clerk of the Sheriff Appeal Court must, within 2 weeks of receiving the signed Appeal Report, arrange an appeal hearing and send all parties notice of where and when the appeal hearing is to be held. | The Clerk of the Sheriff Appeal Court must, within 2 weeks of receiving the signed Appeal Report, arrange an appeal hearing and send all parties notice of where and when the appeal hearing is to be held. |
| (2) | Unless the Sheriff Appeal Court orders otherwise, an appeal hearing must be before one Appeal Sheriff. | Unless the Sheriff Appeal Court orders otherwise, an appeal hearing must be before one Appeal Sheriff. |
| (3) | At the end of the appeal hearing, the Sheriff Appeal Court may either make a decision there and then, or may take time to consider the decision. | At the end of the appeal hearing, the Sheriff Appeal Court may either make a decision there and then, or may take time to consider the decision. |
| (4) | If the Sheriff Appeal Court takes time to consider the decision, the decision must be made within 4 weeks from the date of the appeal hearing. | If the Sheriff Appeal Court takes time to consider the decision, the decision must be made within 4 weeks from the date of the appeal hearing. |
| (4A) | The President of the Sheriff Appeal Court may vary the period mentioned in paragraph (4). | The President of the Sheriff Appeal Court may vary the period mentioned in paragraph (4). |
| (5) | If the Sheriff Appeal Court makes a decision there and then, it must explain the reasons for that decision to the parties in person. | If the Sheriff Appeal Court makes a decision there and then, it must explain the reasons for that decision to the parties in person. |
| (6) | If the Sheriff Appeal Court takes time to consider a decision, the court must prepare a note of the reasons for the decision, and the Clerk of the Sheriff Appeal Court must send that note to the parties. | If the Sheriff Appeal Court takes time to consider a decision, the court must prepare a note of the reasons for the decision, and the Clerk of the Sheriff Appeal Court must send that note to the parties. |
| (7) | The Sheriff Appeal Court may alter the decision which the sheriff made by either amending the Decision Form or issuing a new Decision Form. | The Sheriff Appeal Court may alter the decision which the sheriff made by either amending the Decision Form or issuing a new Decision Form. |
| (8) | Parts 2, 4, 5 and 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 2021 apply to the appeal. | Parts 2, 4, 5 and 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 2021 apply to the appeal. |
PART 17: Miscellaneous matters
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