The procedure for the allocation of opposed motions in the Outer House, enrolled in terms of either Part 2 or Part 3 of Chapter 23 of the Rules of the Court of Session, is as follows.
The Keeper's Office will allocate opposed motions for hearing in accordance with the tables below or, where this is not possible, on such other date and at such other time as may be convenient to the court and, where possible, to the parties.
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Opposed motions enrolled in terms of Part 2 of Chapter 23 (Motions in Form 23.1C)
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Day opposed motion enrolled
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Day of hearing
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Monday
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Tuesday
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Tuesday
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Wednesday
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Wednesday
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Thursday
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Thursday
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Friday
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Friday
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Tuesday
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Motions enrolled and opposed in terms of Part 3 of Chapter 23 (Motions in Form 23.2)
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Day Motion enrolled
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Latest time for opposition
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Day of hearing
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Monday
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Tuesday, 12.30pm
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Wednesday
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Tuesday
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Wednesday, 12.30pm
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Thursday
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Wednesday
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Thursday, 12.30pm
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Friday
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Thursday
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Monday, 12.30pm
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Tuesday
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Friday
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Monday, 12.30pm
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Tuesday
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All parties should ensure they have counsel available to appear on the day the opposed motion is due to call for a hearing. The availability of each parties’ Counsel must be confirmed to the Keeper’s Office following the opposed motion in Form 23.1C being enrolled or following the opposition in Form 23.4 being lodged.
Failure by the enrolling party to confirm counsel's availability may result in the motion being dropped by the court.
Failure by the opposing party to confirm counsel's availability may result in the opposed motion proceeding in that party's absence.
On the day of the opposed motion hearing, the motion will be allocated to a Lord Ordinary. Following allocation, the clerk to the Lord Ordinary will contact the parties to advise them of the time at which the motion will call and the mode of hearing.
Please note:
- As the timing of hearings is dependent upon judicial availability, it may not always be possible to provide parties with significant advance notice.
- Where the mode of hearing is in person and attendance at Parliament House would cause difficulty, a party may seek permission from the presiding Lord Ordinary, through the Lord Ordinary's clerk, to attend remotely.
All communications with the Keepers Office should be made to: keepers@scotcourts.gov.uk