SCHEDULES

F1First ScheduleS ORDINARY CAUSE RULES 1993

Textual Amendments

F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications etc. (not altering text)

Initiation and progress of causesS

CHAPTER 26STRANSFER AND REMIT OF CAUSES

Transfer to another sheriff courtS

26.1.(1)The sheriff may, on cause shown, [F2transfer] any cause to another sheriff court.

(2)Subject to paragraph (4), where a cause in which there are two or more defenders has been brought in the sheriff court of the residence or place of business of one of them, the sheriff may transfer the cause to any other sheriff court which has jurisdiction over any of the defenders.

(3)Subject to pargagraph (4), where a plea of no jurisdiction is sustained, the sheriff may transfer the cause to the sheriff court before which it appears to him the cause ought to have been brought.

(4)The sheriff shall not transfer a cause to another sheriff court under paragraph (2) or (3) except—

(a)on the motion of a party; and

(b)where he considers it expedient to do so having regard to the convenience of the parties and their witnesses.

(5)On making an order under paragraph (1), (2) or (3), the sheriff—

(a)shall state his reasons for doing so in the interlocutor; and

(b)may make the order on such conditions as to expenses or otherwise as he thinks fit.

(6)The court to which a cause is transferred under paragraph (1), (2) or (3) shall accept the cause.

(7)A transferred cause shall proceed in all respects as if it had been originally brought in the court to which it is transferred.

F3(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Remit and transfer of summary cause proceedings to all-Scotland sheriff courtS

[F426.1A.(1)This rule applies where the sheriff directs that a summary cause is to be treated as an ordinary cause and, at the same time, makes an order transferring the action to the all-Scotland sheriff court.

(2)The pursuer must lodge an initial writ and intimate it to every other party within 14 days of the date of the order.

(3)The defender must lodge defences within 28 days after the date of the order.

(4)Following the making of a direction and order mentioned in paragraph (1), the action is to be treated as a personal injuries action within the meaning of Part A1 of Chapter 36.]

Textual Amendments

Remit to the Court of Session: proceedings to which section 39 of the 2014 Act does not applyS

[F526.2.(1)An application under section 92(2) of the 2014 Act (remit of cases to the Court of Session) is to be made by motion.

(2)Within 4 days after the sheriff has pronounced an interlocutor remitting a cause to the Court of Session under section 92(2), the sheriff clerk must—

(a)send written notice of the remit to each party;

(b)certify on the interlocutor sheet that subparagraph (a) has been complied with;

(c)transmit the process to the Deputy Principal Clerk of Session.

(3)Failure by a sheriff clerk to comply with paragraph (2)(a) or (b) does not affect the validity of a remit.

Textual Amendments

Remit to the Court of Session: proceedings to which section 39 of the 2014 Act appliesS

26.2A.(1)An application under section 92(4) of the 2014 Act (request for remit to the Court of Session) is to be made by motion.

(2)The decision of a sheriff on an application made under section 92(4) is to be recorded in an interlocutor, and a note of the sheriff’s reasons for that decision must be appended to that interlocutor.

(3)Following receipt of an interlocutor from the Court of Session allowing the proceedings to be remitted the sheriff must issue an interlocutor remitting the proceedings under section 92(6).

(4)Within 4 days after the sheriff has pronounced an interlocutor remitting a cause to the Court of Session under section 92(6), the sheriff clerk must—

(a)send written notice of the remit to each party;

(b)certify on the interlocutor sheet that subparagraph (a) has been complied with;

(c)transmit the process to the Deputy Principal Clerk of Session.

(5)Failure by a sheriff clerk to comply with paragraph (4)(a) or (b) does not affect the validity of a remit.

Textual Amendments

Remit to the Court of Session: remits under other enactmentsS

26.2B.(1)This rule applies where the sheriff has pronounced an interlocutor remitting a cause to the Court of Session under an enactment other than section 92 of the 2014 Act.

(2)Within 4 days after the sheriff has pronounced that interlocutor, the sheriff clerk must—

(a)send written notice of the remit to each party;

(b)certify on the interlocutor sheet that subparagraph (a) has been complied with;

(c)transmit the process to the Deputy Principal Clerk of Session.

(3)Failure by a sheriff clerk to comply with paragraph (2)(a) or (b) does not affect the validity of a remit.]

Textual Amendments

Remit from Court of SessionS

26.3.On receipt of the process in an action which has been remitted from the Court of Session under [F6section 93 of the 2014 Act (remit of cases from the Court of Session)], the sheriff clerk shall—

(a)record the date of receipt on the interlocutor sheet;

(b)fix a hearing to determine further procedure on the first suitable court day occurring not earlier than 14 days after the date of receipt of the process; and

(c)forthwith send written notice of the date of the hearing fixed under sub-paragraph (b) to each party.

Textual Amendments