Sheriff Courts (Scotland) Act 1907

Alteration of date and time for Initial Case Management Hearing S

[F1 33.36B. (1) Subject to paragraph (2), at any time before the date and time fixed under rule 33.36A (fixing of date and time for Initial Case Management Hearing) or under this rule, the sheriff may of the sheriff’s own motion, on the motion of any party or on the joint motion of the parties—

(a) discharge the Initial Case Management Hearing or, where fixed, the Child Welfare Hearing or both, as the case may be; and

(b) fix a new date and time for either the Initial Case Management Hearing or the Child Welfare Hearing or both, as the case may be.

(2) The date and time of any hearing to be fixed under paragraph (1)(b) may be earlier or later than the date and time fixed for the discharged hearing, but must be fixed for a date within the period specified in rule 33.36A(1) or the first available court date thereafter.

(3) Where the sheriff is considering making an order under paragraph (1) of the sheriff’s own motion and in the absence of the parties, the sheriff clerk must—

(a) fix a date, time and place for the parties to be heard;

(b) prepare an interlocutor recording those dates, times and places for the sheriff to sign.

(4) The sheriff may discharge a hearing fixed under paragraph (3) on the joint motion of the parties.

(5) On the discharge of a hearing under paragraph (1)(a) or paragraph (4), the sheriff clerk must forthwith intimate to all parties—

(a) that the hearing has been discharged under paragraph (1)(a) or, as the case may be, paragraph (4);

(b) the last date for lodging defences, if appropriate;

(c) the last date for adjustment, if appropriate;

(d) the new date and time fixed for any hearing under paragraph (1)(b).

(6) Any reference in these Rules to the Initial Case Management Hearing, the Child Welfare Hearing or a continuation of either, includes a reference to an Initial Case Management Hearing or Child Welfare Hearing for which a date and time has been fixed under this rule.]

Textual Amendments

F1 Sch. 1 rules 33.36A-33.36Q inserted (25.9.2023) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 (S.S.I. 2022/289), paras. 1(2), 2(17) (with para. 3)