Sheriff Courts (Scotland) Act 1907

Applications to dispense with preliminary acts S

[F1 49.7. (1) Within 7 days after the expiry of the period of notice, any party may apply for an order to dispense with preliminary acts in an action to which rule 49.6 applies.

(2) An application under paragraph (1) shall be made by minute craving the sheriff to dispense with preliminary acts and setting out the grounds on which the application is made.

(3) Before lodging such a minute in process, the party making the application shall intimate a copy of the minute, and the date on which it will be lodged, to every other party.

(4) Any other party may lodge in process answers to such a minute within 14 days after such a minute has been lodged.

(5) After the expiry of the period mentioned in paragraph (4), the sheriff may, on the motion of any party, after such further procedure, if any, as the sheriff thinks fit, dispense with preliminary acts.

(6) Where the sheriff dispenses with preliminary acts, the pursuer shall lodge a condescendence with appropriate pleas-in-law within such period as the sheriff thinks fit; and the action shall thereafter proceed in the same way as an ordinary action.

(7) Where the sheriff refuses to dispense with preliminary acts, the sheriff shall ordain a party or parties, as the case may be, to lodge preliminary acts under rule 49.6 within such period as the sheriff thinks fit.

(8) An interlocutor dispensing or refusing to dispense with preliminary acts shall be final and not subject to review.]

Textual Amendments

F1 Sch. 1 Ch. 49 inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 10(4)