Sheriff Courts (Scotland) Act 1907

CHAPTER 14 S APPLICATIONS BY MINUTE

Application of this Chapter S

14.1. (1) Where an application may be made by minute, the form of the minute and the procedure to be adopted shall, unless otherwise provided in these Rules, be in accordance with this Chapter.

(2) This Chapter shall not apply to—

(a) a minute of amendment; or

(b) a minute of abandonment.

Form of minute S

14.2. A minute to which this Chapter applies shall contain—

(a) a crave;

(b) where appropriate, a condescendence in the form of a statement of facts supporting the crave; and

(c) where appropriate, pleas-in-law.

Procedure in minutes S

[14.3. (1) Where the minute includes a crave seeking leave—

(a) for a person—

(i) to be sisted as a party to the action,

(ii) to appear in the proceedings, or

(b) for the cause to be transferred against the representatives of a party who has died or is under a legal incapacity,

the minuter may also seek leave for a date for a hearing under rule 9.12 (Options Hearing) to be fixed.

(2) Where leave is granted under paragraph (1), the sheriff clerk shall fix a date and time for a hearing under rule 9.12.

(3) For the purpose of fixing the date for the Options Hearing referred to in paragraph (1), the date of granting the minute shall be deemed to be the date of expiry of the period of notice.

(4) Where the minute includes a crave for any order including the variation or recall of an existing order or makes any application by minute, as provided in these Rules, the minuter may also seek leave for the lodging of answers within a period specified in the minute.

(5) Rules 15.2 (intimation of motions), 15.3 (opposition to motions) and 15.4 (hearing of motions) shall, with the necessary modifications, apply to the intimation of, opposition to, or hearing of, a minute as they apply to a motion.]