Sheriff Courts (Scotland) Act 1907

Appointment of a commercial action as an ordinary cause S

[F1 40.6. (1) At any time before, or at the Case Management Conference, the sheriff shall appoint a commercial action to proceed as an ordinary cause–

(a) on the motion of a party where–

(i) detailed pleadings are required to enable justice to be done between the parties; or

(ii) any other circumstances warrant such an order being made; or

(b) on the joint motion of parties.

(2) If a motion to appoint a commercial action to proceed as an ordinary action is refused, no subsequent motion to appoint the action to proceed as an ordinary cause shall be considered except on a material change of circumstances.

(3) Where the sheriff orders that a commercial action shall proceed as an ordinary cause the interlocutor granting such shall prescribe–

(a) a period of adjustment, if appropriate; and

(b) the date, time and place for any options hearing fixed.

(4) In determining what order to make in deciding that a commercial action proceed as an ordinary cause the sheriff shall have regard to the periods prescribed in rule 9.2.]

Textual Amendments

F1 Ch. 40 (rules 40.1 - 40.17) inserted (1.3.2001) by S.S.I. 2001/8, para. 2(5)