Act of Sederunt (Rules of the Court of Session 1994) 1994

Objections to competency of reclaiming motion

38.14.—(1) After a reclaiming motion has been marked by a reclaimer, any other party may oppose the motion on the ground that the reclaiming motion is incompetent.

(2) Where a reclaiming motion has been opposed under paragraph (1), the cause shall be put out for hearing in the Single Bills before a Division of the Inner House.

(3) At the hearing in the Single Bills arranged under paragraph (2), the Inner House may–

(a)dispose of the objection to competency and, where it repels the objection, order grounds of appeal to be lodged;

(b)appoint the cause to the Summar Roll for a hearing on the objection;

(c)reserve the objection until grounds of appeal have been lodged and order such grounds to be lodged;

(d)reserve the objection for hearing with the merits and order grounds of appeal to be lodged.

(4) Where the Deputy Principal Clerk considers that a reclaiming motion may be incompetent, whether or not any other party has opposed the reclaiming motion under paragraph (1), he may, before the cause is brought before the Inner House, refer it to a single judge in accordance with paragraph (5).

(5) Any referral by the Deputy Principal Clerk under paragraph (4) shall be made to a judge nominated for that purpose by the Lord President.

(6) Where a referral is made under paragraph (4), the judge may–

(a)order any party to make representations to him in respect of the competency of the reclaiming motion;

(b)refuse the reclaiming motion on the ground that it is incompetent;

(c)direct that the reclaiming motion is to proceed as if the referral had not been made;

(d)make such order as to expenses or otherwise as he thinks fit.

(7) Any decision of a judge in respect of a reclaiming motion referred to him under paragraph (4) shall be final and not subject to review.