SCHEDULES

F1First Schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Initiation and progress of causes

CHAPTER 31 APPEALS

31F2 Transmission of process and notice to parties

1

Where an appeal is marked in terms of rule 31.3 (appeal to Court of Session) or 31.4 (appeal to sheriff principal), the sheriff clerk shall transmit the process of the cause–

a

in an appeal to the sheriff principal, to him; or

b

in an appeal to the Court of Session, to the Deputy Principal Clerk of Session, within the period specified in rule 40.6 of the M1Rules of the Court of Session 1994.

2

On transmitting the process in terms of paragraph (1), the sheriff clerk shall–

a

send written notice of the appeal to every party; and

b

certify on the interlocutor sheet that he has done so.

3

Failure of the sheriff clerk to comply with paragraph (2) shall not invalidate the appeal.