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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16794
Experience:  30 years as a practising solicitor.
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Rule 22 Note can you explain scottish law, Scotland, It is

Customer Question

Rule 22 Note can you explain scottish law
JA: Have they talked to a lawyer about this? What country do they live in? If different, what country does this legal question relate to?
Customer: Scotland
JA: What steps have been taken so far?
Customer: It is at pre proof hearing stage
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: it is a civil action i am defending myself, i am the pursuer and as part of this the defendant is failing to amend his pleadings i need to understand how to apply the rule 22 Note to stop this
Submitted: 14 days ago.
Category: Scots Law
Customer: replied 14 days ago.
it is a civil action i am the pursuer and I am defending myself
Customer: replied 14 days ago.
the defendant has only submitted pleadings once and not updated in 2 years I am trying to use Rule 22 but dont understand
Expert:  Virtual-mod replied 14 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  JGM replied 13 days ago.

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.

Expert:  JGM replied 13 days ago.

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.

Expert:  JGM replied 13 days ago.

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.