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Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.
A rule 22 note is a note of legal arguments used at debate to argue that the other party doesn’t have a case in law even if they can prove all their written averments on the record. However if you are at a pre proof stage you are too late to lodge one. A rule 22 note has to be lodged within 2 days of an Options Hearing and I presume the action has gone beyond that stage. What you can do instead is object to any evidence they try to lead outwith the scope of what they have on record. The sheriff is entitled to exclude evidence for which there are no averments on record.
I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.